Opinion
Motion No: 570091/20
07-10-2020
Fukien Am. Assn. Inc. v. Chen, Xueduan
It is Ordered that the motion of the respondents-appellants seeking a stay of all proceedings pending their appeal from the orders denying their motions for leave to conduct discovery is granted only to the extent of staying all Civil Court proceedings for 30 days from the date of this order, so as to provide respondents-appellants an opportunity to seek a stay of said lower court proceedings in the declaratory judgment action between the parties pending in Supreme Court, New York County. In this regard, we note that petitioner-respondent concedes that the sole dispositive issue of fact in the summary proceeding is whether respondents-appellants are members of petitioner's organizations and entitled to occupy the premises in question, an issue to be determined in said declaratory judgment action. Respondents-appellants motion for a stay pending their appeals from the denial of their discovery motions is otherwise denied.
By: