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SAKOW v. 633 SEAFOOD RESTAURANT, INC.

1 A.D.3d 298 (2003)

767 N.Y.S.2d 598

MARION SAKOW, on Behalf of Herself and in the Right of 633 SEAFOOD RESTAURANT, INC., Appellant, v. 633 SEAFOOD RESTAURANT, INC., et al., Respondents.

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

November 25, 2003.

The failure to obtain a stay is fatal to plaintiff's claim that the sale pursuant to an order reversed by this Court (Matter of Sakow [633 Seafood Rest.], 297 A.D.2d 229 [2002]) should be rescinded (CPLR 5523; Aubrey Equities v Goldberg, 247 A.D.2d 253 [1998], lv denied 92 N.Y.2d 802 [1998]). It is clear that plaintiff's interest is solely...

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