Appellate Division: Second Judicial Department

M240572

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-08288 Zurich American Insurance Company, as subrogee of Recall Holdings Ltd., et al., respondents, v City of New York, appellant. (Index No. 520940/16)

DECISION & ORDER ON MOTION

Motion by the respondent Zurich American Insurance Company, as subrogee of Recall Holdings Ltd., inter alia, pursuant to CPLR 5519(c) to vacate an automatic stay of enforcement of so much of an order of the Supreme Court, Kings County, dated June 2, 2017, as directed the parties to proceed with discovery, pending hearing and determination of an appeal from the order. Separate motion by the respondents Recall Corporation, Recall Holdings Ltd., Recall Total Information Management, and Citipostal, Inc., inter alia, pursuant to CPLR 5519(c) to vacate the automatic stay. Cross motion by the appellant to confirm that an automatic stay exists or, in the alternative, to stay all discovery in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motions which are to vacate the automatic stay of enforcement of so much of the order as directed the parties to proceed with discovery are granted, and the automatic stay of enforcement of so much of the order as directed the parties to proceed with discovery pursuant to CPLR 5519(a) is vacated; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court