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TAUBER v. BANKERS TRUST COMPANY

259 A.D.2d 381 (1999)

688 N.Y.S.2d 508

LASZLO N. TAUBER, Appellant, v. BANKERS TRUST COMPANY, Respondent.

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

Decided March 23, 1999.

Plaintiff's filing of a bond and a notice of intention to appeal to the Court of Appeals from a nonfinal order of this Court that did not direct the payment of a sum of money (230 A.D.2d 312, lv dismissed 91 N.Y.2d 887) did not operate to effect an automatic stay pursuant to CPLR 5519 (a) (2) (see, McCain v Koch, 68 N.Y.2d 713). Thereafter, defendant's counterclaim for attorneys' fees was...

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