KAYSER v. HORTON


42 A.D.2d 839 (1973)

Emil J. Kayser, Respondent, v. Robert Horton, Appellant

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

July 6, 1973


Motion for stay denied.

Memorandum:

The application for a stay at this juncture of the action should be denied. "Ordinarily, the discretion of the court in reference to ordering a stay sought on the ground of another action pending cannot be exercised properly until after issue has been joined. Until then the necessity or advisability of a stay is not likely to appear. Until both actions are fully at issue, it is impossible to say that a determination in one...

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