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POLITI v. IRVMAR REALTY CORP.

13 N.Y.2d 741 (1963)

Silvio Politi, Respondent-Appellant, v. Irvmar Realty Corp., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Lazarus I. Levine and I. Sidney Worthman for appellant-respondent.

W. Bernard Richland and Howard N. Meyer for respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

On the appeal by defendant: Order affirmed, without costs; first question certified answered in the affirmative. On the appeal by plaintiff: Order of Appellate Division reversed, without costs, upon the ground that, in moving to dismiss the complaint, defendant must be deemed to have elected to waive a stay of the proceedings (Civ. Prac. Act, § 1520); second question certified answered in the negative...

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