Opinion
Argued May 7, 1963
Decided June 6, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDGAR J. NATHAN, JR., J.
Lazarus I. Levine and I. Sidney Worthman for appellant-respondent.
W. Bernard Richland and Howard N. Meyer for respondent-appellant.
On the appeal by defendant: Order affirmed, without costs; first question certified answered in the affirmative. On the appeal by plaintiff: Order of Appellate Division reversed, without costs, upon the ground that, in moving to dismiss the complaint, defendant must be deemed to have elected to waive a stay of the proceedings (Civ. Prac. Act, § 1520); second question certified answered in the negative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.