Order, Supreme Court, New York County, entered on December 10, 1979, unanimously affirmed, without prejudice to an application by plaintiff to vacate the stay in the event that plaintiff's application in the Federal court to amend its complaint to state the causes of action here pleaded is denied for any reason. Respondent shall recover of appellant $75 costs and disbursements of this appeal. No opinion.
Concur — Fein, J.P., Sandler, Ross, Yesawich and Carro, JJ.