Greenwich Insurance Company v the City of New York et al.

Motion No: M-4295

Slip Opinion No: 2019 NYSlipOp 64140(U)

Decided on February 28, 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.

February 28, 2019

Greenwich Insurance Company,

Plaintiff-Respondent,

v

The City of New York, et al.,

Defendants-Appellants,

Triumph Construction Corp.,

et al.,

Defendants.

A decision and order of this Court having been entered on May 31, 2016 (Appeal No. 1111), which reversed the order of the Supreme Court, New York County, entered on or about April 9, 2015, to the extent appealed from and, inter alia, granted the City defendant's cross motion for summary judgment dismissing the complaint solely to the extent of staying all discovery and motion practice in this declaratory judgment action pending resolution of the liability phase of the underlying negligence actions, And plaintiff-respondent having moved to lift the aforesaid stay, 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: February 28, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, David Friedman Barbara R. Kapnick Ellen Gesmer, Justices

M-4295

Index No. 154552/12