37 N.Y.S. 474 | N.Y. App. Div. | 1896
It appeared by the affidavit of the moving parties that this action was instituted against fifty defendants, among whom were Daynes
There is abundant power in this court to direct such a stay (Cushman, Trustee, v. Kneeland, 93 N. Y. 652), and in order that such an application may be made the order to be entered herecn may contain a provision staying all proceedings until the hearing and determination of a motion for a stay to be made at Special Term not exceeding twenty days.
The order appealed from should be modified by the insertion of the provision above named and without costs.
Van Brunt, P. J., Barrett, Bumsey and Williams, JJ., concurred.
Order modified as directed in opinion, without costs to either party.