| Leicht v City of New York Department of Sanitation |
| Motion No: 2013-11091 |
| Slip Opinion No: 2014 NY Slip Op 60607(U) |
| Decided on January 10, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M167917
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2013-11091 George H. Leicht, plaintiff-respondent, v City of New York Department of Sanitation, defendant, Mack Trucks, Inc., defendant third-party plaintiff-appellant-respondent; Truis, Inc., et al., third-party defendants-respondents-appellants. (Index No. 1198/07)
| DECISION & ORDER ON MOTION |
Motion by Mack Trucks, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 10, 2013, and for a preference in the calendaring of the appeal and cross appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before February 10, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 10, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court