TAX EQUITY NOW NY LLC v. CITY OF NEW YORK

9577N, 153759/17.

173 A.D.3d 464 (2019)

104 N.Y.S.3d 50

2019 NY Slip Op 04492

Tax Equity Now NY LLC, Appellant, v. City of New York et al., Respondents.

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

Decided June 6, 2019.


The court should not have granted the City defendants' motion for a stay of the proceedings under CPLR 5519(a)(1). The filing of a notice of appeal of an order denying a motion to dismiss does not trigger the automatic stay with respect to litigation obligations provided for in the CPLR, such as the obligation to answer and comply with discovery requests. We disavow our decision in Eastern Paralyzed Veterans Assn. v Metropolitan...

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