Schmidt v. Levy

Decided January 1, 1872

New York Supreme Court · decided 1872-01-01

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.

Cited by 1 later decisions — most recently March 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-01

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By the Court, Cardozo, J.

¶1A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he *497approved, 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.

¶2The appeal should be dismissed, with costs.

¶3Cardoso and Geo. G. Barnard, Justices.]