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Politi v. Irvmar Realty Corp.

13 N.Y.2d 741 Court N.Y. Decision date 1963-06-06 English

Contents

Majority

p. 741
Silvio Politi, Respondent-Appellant, v. Irvmar Realty Corp., Appellant-Respondent.
Argued May 7, 1963;
decided June 6, 1963.
p. 742
Lazarus 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.