Kosta v WDF, Inc.
Motion No: 2018-12948
Slip Opinion No: 2019 NY Slip Op 74612(U)
Decided on July 9, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264176

kbp/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-12948

John Kosta, etc., plaintiff-respondent-appellant,

et al., plaintiffs, v WDF, Inc., defendant third-party

plaintiff-respondent-appellant, Serpentix Conveyor

Corporation, et al., defendants-respondents, Pro Safet

Services, LLC, defendant third third-party plaintiff-

appellant-respondent, Shaw Environmental &

Infrastructure Engineering of New York, P.C., et al.,

defendants second third-party plaintiffs-respondents,

Chu & Gassman Consulting Engineers, P.C., defend

second third-party defendant-respondent; New York

Department of Environmental Protection, third-party/

third third-party defendant-respondent; New York Ci

third third-party defendant-respondent.

(Index No. 31167/09)

DECISION & ORDER ON MOTION




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Motion by Pro Safety Services, LLC, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Kings County, dated September 10, 2018.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to stay the trial is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeals; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court