13 N.Y.2d 741

Silvio Politi, Respondent-Appellant, v. Irvmar Realty Corp., Appellant-Respondent.

Argued May 7, 1963;

decided June 6, 1963.

*742Lazarus I. Levine and I. Sidney Worthman for appellant-respondent.

W. Bernard Richland and Bioward N. Meyer for respondent-appellant.

On the appeal by defendant: Order affirmed, without costs; first question certified answered in the affirmative. On the appeal by plaintiff: Order of Appellate Division reversed, without costs, upon the ground that, in moving to dismiss the complaint, defendant must be deemed to have elected to waive a •stay of the proceedings (Civ. Prac. Act, § 1520); second question certified answered in the negative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.

Politi v. Irvmar Realty Corp.
13 N.Y.2d 741

Case Details

Name
Politi v. Irvmar Realty Corp.
Decision Date
Jun 6, 1963
Citations

13 N.Y.2d 741

Jurisdiction
New York

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