Western International Hotels Co. v. Arista Student Travel Ass'n

Motion granted to the extent of permitting defendant-respondent to appeal to the Court of Appeals, and this court, pursuant to CPLR 5713, certifies that the following question, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: “Was the order of this court which reversed the order of the Supreme Court which denied motion for a stay an abuse of discretion as a matter of law?” Concur — Capozzoli, J. P., McGivem and Markewich, JJ.; McNally and Steuer, JJ., dissent in the following memorandum by McNally, J.: I dissent…