Ives v. Base Lodge, Inc.

Order, Supreme Court, New York County, entered on November 27, 1973, granting plaintiff’s motion for summary judgment, made pursuant to CPLR 3213, and directing an assessment of damages and judgment entered thereon on May 21, 1974, unanimously modified, in the exercise of discretion, to the extent of staying execution on said judgment pending the outcome of the action commenced by defendant-appellant in Nassau County, on condition that defendant proceed expeditiously with the prosecution of the Nassau County action and on the further condition that it provide an undertaking securing payment…