Alec Peters Associates Inc. v. Roberts

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered February 20, 1997, which granted plaintiff DLR Staffing Associates, Inc.’s motion for partial summary judgment upon a promissory note executed by defendant but stayed execution of *220the judgment pending resolution of defendant’s counterclaims, unanimously affirmed, without costs.

The IAS Court properly exercised its discretion in staying execution of the judgment on the note. Since the sum defendant seeks to recover from plaintiffs in his counterclaims is greater than the amount due under the note and there was evidence…