Krisel v. Phillips Petroleum Co.

Order dated January 23, 1969, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of granting a stay of the present action now pending as against the defendant Phillips Petroleum Company until the termination of the action against it in the United States District Court for the Southern District of New York, and otherwise affirmed, with $50 costs and disbursements to respondent. The defendant Phillips has demonstrated the application of the recognized canons pertaining to a stay as embraced in CPLR 3211 (subd. [a], par. 4) as also the independent…