WALKER v. DELAWARE & HUDSON R.R. CO., INC.


120 A.D.2d 919 (1986)

Antoinette Walker, as Administratrix of The Estate of Richard W. Walker, Deceased, Respondent, v. Delaware & Hudson Railroad Co., Inc., et al., Defendants, and Town of Moreau, Appellant. (And Two Third-Party Actions.)

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

May 29, 1986


Motion, pursuant to CPLR 5519 (c), to vacate statutory stay so as to allow the trial in this matter to proceed, denied, without costs, as unnecessary. Appellant has taken an appeal to this court from an order partially denying its motion for summary judgment. Since the trial in this matter is not a proceeding to enforce the order appealed from, we are of the opinion that the statutory stay provision of CPLR 5519 (a) (1) does not...

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