Peter James Spielmann and Judith v 170 Broadway NYC LP

Motion No: M-1951

Slip Opinion No: 2020 NYSlipOp 69275(U)

Decided on July 30, 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.

July 30, 2020

Peter James Spielmann and Judith

Hansen,

Plaintiffs-Respondents,

v

170 Broadway NYC, LP,

Defendant-Appellant-Respondent,

McGowan Builders, Inc. and Colgate

Enterprises Corp.,

Defendants-Respondents-Appellants,

-and-

Construction Realty Safety Group, Inc.

and DeMartino Construction Co., Inc.,

Defendants-Respondents.

Defendant-respondent-appellant Colgate Enterprises Corp., having moved for an order staying all proceedings, including trial, pending hearing and determination of the appeal (perfected) and cross-appeal taken from the order of the Supreme Court, New York County, entered on or about November 12, 2020, and extending any trial date for a period of 30 days thereafter, 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 proceedings in the Supreme Court pending the hearing and determination of the appeal and extending any trial date until thirty (30) days after the entry of an order of this Court deciding the appeal.ENTERED: July 30, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-1951

Index No. 152835/15