Mully v. Drayn

Order unanimously modified on the law and facts in accordance with the memorandum and as modified affirmed, with costs to plaintiffs; Goldman, P. J. not participating. Memorandum: Special Term, in its discretion, correctly stayed all proceedings under the judgment until the determination of the appeal therefrom, and properly fixed the undertaking to be filed by plaintiffs. The procedure employed and the hearing conducted by the court, while denominated as being brought pursuant to CPLR 5519 (subd. [a], par. 6), were in full conformity with the requirements and provisions of subdivision (e)…