DeLury v. City of New York

Motion to vacate statutory stay of temporary injunction denied, without costs, conditioned upon perfection of the appeal from the order of injunction no later than July 7, 1975, with argument at 10 o’clock the following morning.

The statute providing for a stay (CPLR 5519, subd [a], par 1) expresses a public policy designed to protect a "political subdivision of the state,” and such a stay is not lightly to be vacated. A reasonable probability of ultimate success in the action, as well as the prospect of irreparable harm, is sine qua non for injunction pending trial. The provisions of…