203 E. 13TH ST. CORP. v. LECHYCKY


67 Misc.2d 451 (1971)

203 E. 13th Street Corp., Respondent, v. Mary Lechycky, Appellant. 203 E. 13th Street Corp., Respondent, v. Anna Sivec, Appellant.

Supreme Court, Appellate Term, First Department.

June 24, 1971


Attorney(s) appearing for the Case

Marttie L. Thompson and Barbara B. Butler for appellants. Harry Harris and Saul I. Radin for respondent.

Concur — LUPIANO, J. P., MARKOWITZ and GOLD, JJ.


Per Curiam.

A summary proceeding remains pending until the execution of the warrant. (Whitmarsh v. Farnell, 298 N.Y. 336, 344.) While the proceeding is pending, the warrant may be stayed under CPLR 2201.

The earlier decisions, which held that a warrant, once it has been issued, could not be stayed except by an appellate court, or by injunction, unless the final order had been rendered on default, were...

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