Humberto Rivera v 11 West 42 Realty Investors L.L.C. NTT Services LLC. and Pritchard

Humberto Rivera v 11 West 42 Realty Investors L.L.C. NTT Services LLC. and Pritchard
Motion No: M-1029
Slip Opinion No: 2019 NYSlipOp 65604(U)
Decided on March 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.



March 15, 2019

Humberto Rivera,

Plaintiff-Respondent,

v

11 West 42 Realty Investors, L.L.C.

NTT Services, LLC. and Pritchard

Industries, Inc., Tishman Speyer

Properties, L.P.,

Defendants-Respondents,

Americon Construction, Inc.

Defendant-Appellant,

- - - - - - - - - - - - -

11 West 42 Realty Investors, L.L.C.,

Third-Party Plaintiff-Respondent,

-against-

Americon Construction, Inc.,

Third-Party Defendant-Appellant,

- - - - - - - - - - - - -

11 West 42 Realty Investors, L.L.C.,

Second Third-Party Plaintiff-

Respondent,

-against-

NTT Services, LLC and Pritchard

Industries, Inc.,

Second Third-Party Defendants-

Respondents.

(M-1029) -2-March 15, 2019 Separate appeals having been taken from the order of the Supreme Court, Bronx County, entered on or about January 19, 2018, and the appeal of defendant/third-party defendant-appellant Americon Construction, Inc. having been perfected, And defendant/third-party defendant-appellant Americon Construction, Inc., having moved for a stay of trial pending hearing and determination of the appeals, 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 to the extent of staying the trial pending the hearing and determination of the perfected appeal of defendant/third-party defendant-appellant Americon Construction, Inc., without prejudice to the other defendants, if so advised, seeking a further stay of trial upon perfecting their appeals. ENTERED: March 15, 2019

_____________________ DEPUTY CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton , Justices

M-1029

Index No. 300823/12