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GRACO CONSTR. CORP. v. EVES

232 A.D.2d 370 (1996)

648 N.Y.S.2d 322

Graco Construction Corp. et al., Respondents, v. William Eves et al., Appellants, et al., Defendants

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

October 7, 1996

Ordered that the amended supplemental judgment is affirmed, with costs.

Contrary to the appellants' contention, the record does not reflect that the court overlooked a $10,000 payment to the respondent Graco Construction Corp. Moreover, the appellant William Eves was not entitled to a stay pursuant to CPLR 321 (c), since he voluntarily discharged his attorney on the first day of trial (see, Levine v City of New...

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