HOMEOWNERS ASSN v. CAREY


103 Misc.2d 329 (1980)

Lake Hawthorne Homeowners Association, Inc., et al., Plaintiffs, v. Hugh Carey, as Governor of the State of New York, et al., Defendants.

Supreme Court, Westchester County.

March 11, 1980.


Attorney(s) appearing for the Case

Aurnou, Rubenstein, Morosco & Killigrew for plaintiff. Thacher, Proffitt & Wood for Frank Payton, defendant. Robert Abrams, Attorney-General, for defendants.


MORRIE SLIFKIN, J.

In this case of first impression, the issue is whether a party not ordinarily entitled to a statutory stay pending appeal is entitled to reap the benefits thereof when such a stay is obtained by a codefendant. The issue has been raised in an application by plaintiffs to hold defendant Payton in contempt of court.

Defendant Frank Payton is the vice-president and director of New York Living Centers, Inc. ("Living Centers"). Living...

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