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Schmidt v. Levy

61 Barb. 496 Court N.Y. Sup. Ct. Decision date 1872-01-01 English

Contents

Majority

p. 496
Schmidt, Executor &c. vs. Levy and others.

Headnote

An order to stay proceedings, being discretionary, is not appealable ; especially when the motion is granted upon terms.
The terms never can be reviewed.
APPEAL by the defendant from an order made at a special term, granting a stay of proceedings, upon terms, on a judgment of foreclosure and sale.
Elias G. Levy, for the appellant.
Jacob A. Gross, for the respondent.

A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he

p. 497
approved, but which the appellant, it seems, did not choose to comply with. Being discretionary, the order is not appealable; and especially when the motion is granted upon terms. The terms never can be reviewed.

[First Department, General Term, at New York,

January 1, 1872.

The appeal should be dismissed, with costs.

Cardoso and Geo.