| Charlene Smoot v Rite Aid and USM Inc. |
| Motion No: M-904 |
| Slip Opinion No: 2020 NYSlipOp 64432(U) |
| Decided on March 6, 2020 |
| 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 6, 2020
Charlene Smoot,
Plaintiff-Respondent,
v
Rite Aid and USM, Inc.,
Defendants-Appellants,
-and-
925 Fuertes Realty, LLC, et al.,
Defendants. - - - - - - - - - - - - - - -Rite Aid of New York, Inc.,
Third-Party Plaintiff-Appellant,
v
City of New York,
Third-Party Defendant-Respondent.
- - - - - - - - - - - - - - -
Rite Aid of New York, Inc.,
Third-Party Plaintiff-Appellant,
v
New York City Transit Authority,
Third-Party Defendant-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about July 1, 2019, and said appeal having been perfected, And defendants-appellants having moved for a stay of trial 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: March 6, 2020
_____________________ CLERK
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding Ellen Gesmer Peter H. Moulton Lizbeth GonzÁlez, Justices
M-904
Index No. 301434/14