Tam Med. Supply Corp., As Assignee of Chery Jean v Omni Indem. Co., 2016 NY Slip Op 94592(U)(App. Term 2d Dept. 2016)
“ORDERED that the motion is denied, as the moving papers do not include the papers submitted on the motion giving rise to the order appealed from, making it impossible for this court to determine if appellant is likely to prevail on this appeal.”
The test for a stay: “likely to prevail on this appeal”. How many times have you seen those words uttered?
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