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SHAPIRO v. THEATERS

69 Misc.2d 1100 (1972)

Sidney Shapiro et al., Plaintiffs, v. Prudential Theaters, Defendant and Third-Party Plaintiff. Charles Harrow et al., Third-Party Defendants.

District Court of Nassau County, Third District.

April 18, 1972

Attorney(s) appearing for the Case

Jules Schwabinger for plaintiffs. William Gold for defendant. Kreisel & Passin for Charles Harrow, third-party defendant.

I. STANLEY ROSENTHAL, J.

Defendant has appealed from an order denying its motion to dismiss the complaint. Defendant now seeks a stay pursuant to CPLR 5519 (subd. [c]).

The court does not feel that it should exercise its discretion in granting this stay and thus unduly delay the trial of this action. (See Matter of Rivette, 283 App. Div. 851.) In view of the fact that the moving papers do not reveal any reasons why this application should...

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