Klein v. Rauschman

Titone, J. P.,

dissents and votes to affirm the order, with the following memorandum: On March 19, 1973 plaintiff filed his note of issue and statement of readiness. Thereafter, defendant Walston & Co., Inc., instituted proceedings in Federal court under the Federal Bankruptcy Act. On May 29, 1974 Walston was adjudicated a bankrupt and the attorneys for the trustees issued a notice that the commencement or continuing of any action against the bankrupt is stayed during the pendency of the bankruptcy proceeding. On August 16, 1974 the individual defendants moved for an order severing the action…