Feuer Holding Corp. v. Capital City Surety Co.

Marks, J.:

The Municipal Court made a final order awarding to the landlord, the plaintiff in this action, delivery of possession of certain premises. The tenants appealed to the Appellate Term, and made a motion for an order staying all proceedings on the part of the landlord pending the appeal. The Appellate Term by order dated November 1, 1923, ordered: “ That said motion be and the same hereby is granted, and all proceedings of the landlord under final order stayed pending appeal, provided appellant * * * gives an undertaking in the sum of $1,000 to pay all costs and damages respondent may…