Elliott Scheinberg CPLR 5518, 5519: Distinction, Stays and Mootness in Construction Cases, Part II
Part II of this two-part article will focus on the consequences from a failure to seek injunctive relief during the pendency of an appeal to preserve the status quo in construction cases, recently treated in 'City of Ithaca v. New York State Dept. of Envtl. Conservation'.
January 14, 2021 at 11:00 AM
14 minute read
In addition to its inherent power to issue broad stays, two statutes confer authority upon the Appellate Division to grant interim injunctive relief during the pendency of an appeal (after the filing of the notice of appeal): the lengthy, widely known CPLR 5519 and the very brief, lesser familiar, CPLR 5518.
Part I of this article studied the distinctions between these statutes and their general applications. Part II, here, focuses on the consequences from the failure to seek injunctive relief during the pendency of an appeal to preserve the status quo in construction cases.
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