Appellate Division: Second Judicial Department

M284017

MB/

COLLEEN D. DUFFY, J.P.

BETSY BARROS

SHERI S. ROMAN

DEBORAH A. DOWLING, JJ.

2021-03729 Hector Antonio Umana, plaintiff-respondent, v Pellerin-Milnor Corporation, defendant-respondent Direct Machinery Sales Corp., et al., defendants fourth-party plaintiffs-respondents, Etech, Inc., defendant-appellant, et al., defendant, Terex MHPS C defendant third-party plaintiff-respondent; FDR Serv Corp. of Hempstead, et al., third-party defendants-ap Rud Chain, Inc., fourth-party defendant (and another third-party action). (Index No. 1434/2015)

DECISION & ORDER ON MOTION , orp., ices pellants,

Appeals from an order of the Supreme Court, Nassau County, dated April 29, 2021. Motion by the defendant-appellant Etech, Inc. to stay the trial in the above-entitled action, pending hearing and determination of the appeals. Separate motion by the third-party defendants-appellants FDR Services Corp. of Hempstead and FDR Services Corp. to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals or, in the alternative, for a preference in the calendaring of the appeals and to sever the trial of the third-party action against FDR Services Corp. of Hempstead and FDR Services Corp.

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

ORDERED that the motion by the defendant-appellant Etech, Inc. is denied; and it is further,

ORDERED that the motion by third-party defendants-appellants FDR Services Corp. of Hempstead and FDR Services Corp. is granted to the extent that the trial of the third-party action against FDR Services Corp. of Hempstead and FDR Services Corp. is stayed, pending hearing and determination of the appeals, and the motion by third-party defendants-appellants FDR Services Corp. of Hempstead and FDR Services Corp. is otherwise denied.

DUFFY, J.P., BARROS, ROMAN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court