Gurewitz v City of New York
Motion No: 2016-11740
Slip Opinion No: 2016 NY Slip Op 94381(U)
Decided on December 15, 2016
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

M223042

E/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-11740

Jennifer Gurewitz, et al., appellants,

v City of New York, et al., defendants

third-party plaintiffs-respondents,

et al., defendant; Nasdi, LLC, third-party

defendant-respondent.

(Index No. 103198/12)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated November 9, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 17, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 17, 2017, 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.

HALL, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court