Symonette Nelson Nugent v the City of New York the New York

Motion No: M-2794

Slip Opinion No: 2019 NYSlipOp 73164(U)

Decided on June 14, 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 14, 2019

Symonette Nelson Nugent,

Plaintiff-Respondent,

v

The City of New York, The New York

Department of Transportation, The New York City Department of Environmental Protection,

Defendants-Appellants,

-and-

Consolidated Edison, Inc., Keyspan

Energy Corp. and "John Doe"

Construction Company,

Defendants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 8, 2019, which denied the defendants-appellants' motion for summary judgment dismissing the action, And defendants-appellants having moved for a stay of trial, currently scheduled for June 17, 2019, pending hearing and determination of the aforesaid appeal, 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 14, 2019

_____________________ CLERK

The following order was entered and filed on June 14, 2019:

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Peter Tom Jeffrey K. Oing Peter H. Moulton,Justices

M-2794

Index No. 155991/12