The plaintiff, a tax consultant, sued the defendant for a contingency fee based on potential tax savings.
The defendant had retained other counsel to appeal a tax decision, and the plaintiff's claim was contingent on the success of that appeal.
The plaintiff sought a stay of its own action because the tax appeal was delayed and it could not proceed to trial without the contingent liability being established.
The court granted the stay, noting the plaintiff had no status to move the tax appeal forward and ordering the defendant to provide quarterly reports on the appeal's status.