Lederer v. Krausz

No affidavits or other papers were submitted in the court below by plaintiff upon this motion. In the absence of proof authorizing the court, in the exercise of a sound discretion, to deny defendants’ motion, the defendants, according to uniform practice, were entitled, upon the verified allegations contained in *403their moving papers, to the stay asked for. Barton v. Speis, 73 N. Y. 133; Richardson v. White, 27 How. Prac. 153.

The order should be reversed, with $10 costs and disbursements, and the motion granted.