PIERRE ASSOC. v. CITIZENS CAS. CO.


32 A.D.2d 495 (1969)

Pierre Associates Incorporated, Appellant, v. Citizens Casualty Company of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 1969.


Attorney(s) appearing for the Case

Richard J. Concannon of counsel (Robert Ehrenbard with him on the brief; Kelley Drye Newhall Maginnes & Warren, attorneys), for appellant.

Richard L. Baltimore, Jr., of counsel (Mario Biaggi, Bernard A. Feuerstein and Irwin P. Underweiser with him on the brief; Biaggi, Ehrlich & Lang, attorneys), for respondent.

EAGER, J. P., CAPOZZOLI, McGIVERN, NUNEZ and STEUER, JJ., concur.


Per Curiam.

The plaintiff appeals from an order staying all proceedings in this action pending the hearing and determination of a proceeding brought by the Superintendent of Insurance of the State of New York under article 16 of the Insurance Law to take possession of the property of and to rehabilitate the defendant Citizens Casualty Company. We conclude, however, that the stay was improperly granted and that the...

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