Fourth Federal Savings & Loan Ass'n v. Garber

Order, Supreme Court, New York County (Elliott Wilk, J.), entered July 18, 1990, granting defendant Magna Stable Co.’s motion for stay of this action until resolution of a related action pending in the same court, and denying plaintiff’s cross-motion to dismiss the other action or grant judgment on default herein, unanimously affirmed, without costs.

Underlying this mortgage foreclosure action is the viability of an agreement by Magna Stable and its president, Vincent Vinci, to assume the pre-existing mortgage in the first place. That issue is the subject of a separate action for specific…