Shants, Inc. v Capital One, N.A.
Motion No: 2013-03618
Slip Opinion No: 2013 NY Slip Op 78478(U)
Decided on July 1, 2013
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

M158799

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2013-03618

Shants, Inc., plaintiff-respondent-appellant,

v Capital One, N.A., respondent, MRW

Group, Inc., appellant-respondent, Tower

Insurance Company of New York,

defendant-respondent-appellant.

(Index No. 13526/11)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent-appellant to vacate a decision and order on motion of this Court dated May 22, 2013, which granted the appellant-respondent's motion to stay depositions in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated January 31, 2013.

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

ORDERED that the motion is denied.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court