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CARRASQUILLO v. CITY OF NEW YORK

236 A.D.2d 576 (1997)

653 N.Y.S.2d 698

Carlos Carrasquillo, Appellant, v. City of New York, Defendant, and Alberto Mezarina, Respondent

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

February 24, 1997

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in granting the appellant's motion to stay the action pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 (50 USC, Appendix § 501 et seq.). The motion was supported only by affirmations of counsel claiming that the appellant was in the Air Force...

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