
    Henry Hart, Plaintiff, v. A. L. Clark & Co., Limited, Defendant.
    (Supreme Court, New York Special Term,
    August, 1908.)
    Stay of proceedings — Interlocutory stay — Stay to await event of another proceeding — To await application for leave to appeal; Security.
    Where plaintiff has seasonably applied to the Appellate Division of the Supreme Court for leave to appeal to the Court of Appeals from a judgment against him and the application has been entertained but a decision may not be rendered for about two months, the Special Term may grant to the plaintiff a stay of proceedings in the-meantime.
    Upon granting such stay the court required plaintiff to give a bond in $300 to indemnify the defendant for costs at the Appellate Division as taxed, and also for any loss or damage to defendant if the application should be denied.
    Motion for reargument.
    Olney & Comstock, for plaintiff.
    Sternberg, Jacobson & Pollock, for defendant.
   Dayton, J.

Plaintiff has moved the Appellate Division for leave to appeal to the Court of Appeals, which motion may not be decided until October next. Plaintiff asks a stay pending that decision. Owing to this unavoidable delay a situation is presented not within any adjudication to which I have been referred. Defendant contends that the Special Term is without power to grant this stay. I have concluded, however, to do so, on condition that plaintiff within five days give a sufficient bond in $300- to indemnify the defendant for costs at the Appellate Division as taxed, and also for any loss or damage caused the defendant if the Appellate Division shall deny said motion. Settle order seventh inst.

Ordered accordingly.  