Majority
p. 726Angelo Caruso, Jr., Suing for Himself and All Other Stockholders of The National City Bank of New York in Like Situation as Himself Who Shall Choose to Make Themselves Parties to This Action and Contribute to the Expense Thereof, Respondent, Louis Levine, Intervenor, Respondent, v. Sosthenes Behn and Others, Defendants, Impleaded with Curtis E. Calder and Others, Appellants.
Order unanimously modified by granting the motion for a stay pending the determination of said appeal in O’Connor v. Bankers Trust Company [ 159 Misc. 920 ; 253 App. Div. 714 ], without prejudice to a motion to vacate said stay if the said appeal is not prosecuted with due diligence, and as so modified affirmed, without costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ. [See post, p. 726.]
Cases cited
- O'Connor v. Bankers Trust Co. 159 Misc. 920 p. 726