Appellate Division: Second Judicial Department

M214929

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-06189 Walter Garcia, appellant, v CPS 1 Realty, L.P., et al., defendants third-party plaintiffs-respondents, CPS 1 Realty, GP, LLC, et al., defendants-responden Nova Development Group, Inc., third-party defendan second third-party plaintiff-respondent; Atlantic-Hey Corporation, second third-party defendant-responden (Index No. 8020/11)

DECISION & ORDER ON MOTION ts; t/ dt t.

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Suffolk County, dated April 22, 2016, which, inter alia, directed a new trial on the issue of damages for past and future pain and suffering unless the appellant stipulates within a certain period of time to a reduction in the award of those damages, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and, pending hearing and determination of the appeal, enforcement of so much of the order as directed a new trial on the issue of damages for past and future pain and suffering unless the appellant stipulates within a certain period of time to a reduction in the award of those damages is stayed, the new trial on the issue of damages is stayed, and the time within which to stipulate to the reduction in damages is tolled, on condition that the appeal is perfected on or before August 17, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 17, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court