City of Niagara Falls v. Rudolph

Order unanimously affirmed, with costs. Memorandum: Under all of the circumstances we cannot say that it was an abuse of discretion to stay the execution of summary judgment granted to defendant in its third counterclaim pending a determination of plaintiff’s action against defendant (see Marine Midland Bank v Stukey, 55 NY2d 633). (Appeal from order of Supreme Court, Niagara County, Ostrowski, J. —partial summary judgment.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule, JJ.