In Summerville v. City of New York, 2002 WL 432369 (March 19, 2002), the Court of Appeals held that a governmental appellant obtains a new automatic stay under CPLR 5519(a)(1) when it appeals or files a motion for leave to appeal from an adverse order of an intermediate appellate court, even though it allowed its original automatic stay to lapse by failing to serve and file as required by CPLR 5519(e) to continue that stay.
Prior Case Law Overruled
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