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CHERRY v. NEW YORK CITY HOUSING AUTHORITY

Appellate Division of the Supreme Court of New York, Second Department.
Jul 21, 1995

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

Ordered that the motion is denied as unnecessary.

The appeal of the New York City Housing Authority from the order which, inter alia, granted the plaintiff's motion for summary judgment on the issue of liability, had the effect of automatically staying enforcement of the portion of the order which directed an immediate trial on the issue of damages (see, CPLR 5519 [a] [1]). Mangano, P.J., Thompson, Hart and Friedmann, JJ., concur.