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GROSSMAN v. DORFF CONSTR. CO.

78 A.D.2d 607 (1980)

Arnold Grossman et al., Appellants, v. Dorff Construction Company et al., Respondents

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

October 16, 1980

Modified, on the law and on the facts, to strike the provision directing such payment, without costs, and otherwise affirmed.

The failure of plaintiff's counsel to disclose that a prior oral application for a stay had been denied (CPLR 2217, subd [b]) warrants criticism, even if, as is at least possible, the omission resulted from an error of judgment. However, the record does not sustain Special Term's direction to plaintiff...

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