In this action seeking recovery of premiums due for malpractice insurance where plaintiff had moved for summary judgment, it was improper for Special Term to issue the stay described above. CPLR 2201 provides, "Except where otherwise prescribed by law, the court * * * may grant a stay of proceedings in a proper case, upon such terms as may be just" (emphasis added). Within the framework of the provision "otherwise prescribed by law" is section 34 of the Insurance Law...
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