Matter of Kent Waterfront Builders, LLC v National Union Fire Insuranc
Motion No: 2020-09275
Slip Opinion No: 2021 NY Slip Op 60740(U)
Decided on January 22, 2021
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

M275127

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-09275

In the Matter of Kent Waterfront Builders, Inc.,

petitioner, Kent Waterfront Associates, LLC,

et al., appellants, v National Union Fire Insurance

Company of Pittsburgh, PA, respondent.

(Index No. 521349/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 30, 2020. Motion by the appellants to stay the arbitration between the appellants and the respondent, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the arbitration between the appellants and the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 19, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 19, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court