| Jerzy Zieba v 345 Main Street Associates LLC |
| Motion No: M-6060 |
| Slip Opinion No: 2019 NYSlipOp 60776(U) |
| Decided on January 15, 2019 |
| 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. |
January 15, 2019
Jerzy Zieba,
Plaintiff-Respondent,
v
345 Main Street Associates, LLC,
et al.,
Defendants-Respondents-Appellants,
-and-
National Retail Construction Group,
LLC, Defendant-Respondent.
- - - - - - - - - - - - - - -
345 Main Street Associates, LLC,
Third-Party Plaintiff-Respondent-
Appellant,
v
John Rooney Construction, Inc.,
Third-Party Defendant-Appellant-
Respondent.
- - - - - - - - - - - - - - -
Pure Barre Franchising, LLC, et al.
Second Third-Party Plaintiffs-
Respondents-Appellants,
v
John Rooney Construction, Inc.,
Second Third-Party Defendant-
Appellant-Respondent.
- - - - - - - - - - - - - - -
[And other third-party action.]
Appeals and cross appeals having been taken to this Court from the orders of the Supreme Court, New York County, entered on
or about April 19, 2018 and October 4, 2018, And third-party/second third-party defendant-appellant-respondent, John Rooney Construction, Inc., having moved for an order staying the trial of the third-party action and the second third-party action against it on the issue of indemnification, pending hearing and determination of its perfected appeal from the order entered on or about October 4, 2018, 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 granted, and the trial in the third-party action and the second third-party action on the issue of indemnification is stayed pending hearing and determination of the appeal. The Clerk is directed to maintain the appeal on the calendar for the February 2019 Term. The interim relief granted by a Justice of this Court on November 27, 2018, to the extent it stayed plaintiff's trial on damages in the main action, is vacated. ENTERED: January 15, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices
M-6060
Index No. 158999/13