Billy Green Jr. v Simon Property Group et al. X

Motion No: M-810

Slip Opinion No: 2017 NYSlipOp 66027(U)

Decided on March 2, 2017

Appellate Division, First 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.

March 2, 2017

Billy Green, Jr.,

Plaintiff-Respondent,

v

Simon Property Group, et al., Defendants.

E.W. Howell, Co., LLC, Third-Party Plaintiff- Respondent, v

Metropolitan Construction Systems,

Inc., Third-Party Defendant-Appellant.

--------------------------------------X

Simon Property Group, Inc, Simon

Property Group, L.P., and The Retail

Property Trust, Second Third-Party Plaintiffs- Respondents, v

Metropolitan Construction Systems,

Inc., Second Third-Party Defendant- Appellant.

--------------------------------------X

--------------------------------------X

American Multi-Cinema, Inc., Third Third-Party Plaintiffs- Respondents, v

Metropolitan Construction Systems,

Inc., Third Third-Party Defendant- Appellant.

--------------------------------------X An appeal having been taken by third-party defendant-appellant, Metropolitan Construction Systems, Inc., from an

order of the Supreme Court, New York County, entered on or

about January 5, 2017, and said appeal having been perfected, And, third-party defendant-appellant having moved to stay enforcement of the aforesaid order pending determination of the appeal (M-347), And, plaintiff-respondent having cross-moved to sever the third-party actions from the main action in the event that this Court imposes a stay during pendency of the appeal (M-810), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion for a stay is granted pending disposition of the appeal (M-347). The cross motion is denied

in its entirety (M-810). ENTERED: March 2, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices

M-810

M-347

Index No. 157104/15