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BEN MILLER, INC. v. MARCUS BROS. TEXTILES, INC.

61 A.D.2d 900 (1978)

Ben Miller, Inc., Respondent, v. Marcus Brothers Textiles, Inc., Appellant

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

March 7, 1978

The stay sought to be vacated on this motion was granted pursuant to CPLR 5519 (subd [c]) which vests such power in the "court from or to which an appeal is taken or the court of original instance". When a stay is granted by the court of original instance, and an appeal is pending in a higher court, the provisions of CPLR 5519 (subd [c]) are not clear as to the procedure, if any, for correcting a stay that has been improvidently granted. It is suggested that an appeal from...

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