Mark Joseph Danis v John C. Food Corp. improperly pled as McDonald's Restaurant

Motion No: M-2380

Slip Opinion No: 2019 NYSlipOp 72329(U)

Decided on June 11, 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.

June 11, 2019

Mark Joseph Danis,

Plaintiff-Respondent,

v

John C. Food Corp., improperly pled as

McDonald's Restaurant,

Defendant-Appellant,

New York City Transit Authority and The

Metropolitan Transportation Authority,

Defendants-Respondents,

"John Doe" who is intended to be the

train operator,

Defendant.

Defendant-appellant 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 October 1, 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 denied. ENTERED: June 11, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Jeffrey K. Oing Anil C. Singh, Justices

M-2380

Index No. 150098/12