THEATRE CONFEC v. CATE ENTER


87 Misc.2d 155 (1976)

Theatre Confections, Inc., Petitioner, v. Cate Enterprises, Respondent.

Justice Court of Town of New Windsor, Orange County.

June 10, 1976


Attorney(s) appearing for the Case

Ritter & Hankin (Joel D. Hanig of counsel), for petitioner. Appelbaum & Kunert, P. C. (Bernard I. Kunert of counsel), for respondent.


JERALD FIEDELHOLTZ, J.

Respondent moves this court for an order dismissing the petition herein or in the alternative staying this proceeding pursuant to CPLR 3211 (subd [a], par 4) and for such other and further relief as to this court seems just and proper.

The issue is whether this court is entitled to order a stay of the proceeding before it, notwithstanding respondent's waiver of its right to move...

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