Merchants Insurance Group v Hudson Valley Fire Protecti
Motion No: 2009-10253
Slip Opinion No: 2010 NY Slip Op 62404(U)
Decided on January 29, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M97922

S/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10253

Merchants Insurance Group, etc., respondent,

v Hudson Valley Fire Protection Co., Inc.,

appellant.

(Index No. 09-2295)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue its prior motion to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 27, 2009, which was determined by decision and order on motion dated December 7, 2009. Cross motion by the respondent for costs and sanctions.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted to the extent that the respondent is awarded $100 costs and the cross motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court