E.E. Cruz & Company Inc. v Axis Surplus Insurance Company Arch Insurance Company

Motion No: M-4657 Index No. 152988/12

Slip Opinion No: 2018 NYSlipOp 85560(U)

Decided on October 5, 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.

October 5, 2018

E.E. Cruz & Company, Inc.,

Plaintiff-Respondent,

v

Axis Surplus Insurance Company, Arch

Insurance Company,

Defendants-Respondents,

National Casualty Company,

Defendant-Appellant-Respondent,

-and-

Everest Insurance Company,

Defendant-Respondent-Appellant.

Arch Insurance Company, as real party

in interest to E.E. Cruz & Company, Inc., Third-Party-Plaintiff-Respondent, v

Axis Surplus Insurance Company, Third-Party Defendant-Respondent, -and-

National Casualty Company, Third-Party Defendant-Appellant- Respondent.

-----------------------------------------X Defendant National Casualty Company having moved for a stay of trial pending hearing and determination of the appeal taken

from the order of the Supreme Court, New York County, entered on or about December 26, 2017, 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 is denied. ENTERED: October 5, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Peter Tom Angela M. Mazzarelli Cynthia S. Kern, Justices

M-4657 Index No. 152988/12