E. 29TH ST. ASSOCS., INC. v. STANDWEAR PLEATING CO., INC.


5 Misc.2d 940 (1956)

East 29th Street Associates, Inc., Appellant, v. Standwear Pleating Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

December 13, 1956.


Attorney(s) appearing for the Case

Norman H. Cohen and Seymour I. Cohen for appellant.

Howard I. Brenner for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

The final order should not have allowed a stay in excess of five days unless it provided for the security required by the New York City Municipal Court Code (§ 6, subd. 3). The resettled order dated October 11, 1956 was erroneous in that the court was without jurisdiction to grant a stay in excess of 30 days.

Since, however, the stay so erroneously granted has already expired, the appeal has become academic and must be dismissed.

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