Metropolitan Bridge & Scaffolds Corp. v Liberty Architectural Products Co.

Motion No: M-2056 -against- Index No. 653507/13

Slip Opinion No: 2018 NYSlipOp 75534(U)

Decided on June 21, 2018

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.

June 21, 2018

Metropolitan Bridge & Scaffolds Corp.,

Plaintiff-Respondent,

New York City Housing Authority,

Defendant-Appellant.

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

New York City Housing Authority,

Third-Party-Plaintiff-Appellant, Third-Party

v

Liberty Architectural Products Co.,

Inc., G & M Equipment Leasing LLC, et al.,

Third-Party Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 29, 2018, And defendant-appellant, New York City Housing Authority, having moved for an order: confirming its automatic stay or, in the alternative, for a discretionary stay of enforcement of the order entered on or about March 29, 2018, pending determination of the appeal; directing the immediate production of purportedly privileged communications no later that April 5, 2018, with a

monetary penalty of $300 per day of non-compliance after April 5, 2018; a monetary sanction of $300; and directing plaintiff-respondent to certify that it has no additional documents bearing defendant-respondent's name (M-1755), And plaintiff-third-party defendants having cross-moved to lift the automatic stay asserted by defendant-appellant (M-2056), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of staying, on a discretionary basis, the fines and sanctions, on condition that the appeal be perfected for the October 2018 Term, The Clerk is directed to maintain the appeal on said October

2018 Term if timely perfected, and the motion is otherwise denied

(M-1755). The cross motion is denied (M-2056). ENTERED: June 21, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh, Justices

M-2056 v Index No. 653507/13

M-1755

Index No. 595656/15