ELDA DEV. CORP. v. WALL


101 A.D.2d 1000 (1984)

Elda Development Corp. et al., Respondents, v. John Wall et al., Appellants

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

May 25, 1984


Motion to dismiss on ground that the order and judgment appealed from have been superseded denied. Order and judgment, as amended, unanimously modified and, as modified, affirmed, with costs to defendants, in accordance with the following memorandum:

Although Special Term correctly granted partial summary judgment to plaintiffs on their claim for rent under the terms of a written lease, it abused its discretion by not staying entry or execution of the judgment. Under...

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