AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY V CONTOUR STEEL INC., CONTOUR ERECTION & SIDING SYSTEMS, INC., EDEN
Motion No: CA 24-01828 and CA 24-01829
Slip Opinion No: 2025 NY Slip Op 69143(U)
Decided on April 7, 2025
Appellate Division, Fourth 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.


April 7, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01828 and CA 24-01829

AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

V

CONTOUR STEEL INC., CONTOUR ERECTION & SIDING SYSTEMS, INC., EDEN VALLEY PROPERTIES, INC., EDEN VALLEY STEEL, INC., AND EDEN VALLEY EQUIPMENT, INC., DEFENDANTS-APPELLANTS.

(APPEAL NO. 1)

AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

V

CONTOUR STEEL INC., CONTOUR ERECTION & SIDING SYSTEMS, INC., EDEN VALLEY PROPERTIES, INC., EDEN VALLEY STEEL, INC., AND EDEN VALLEY EQUIPMENT, INC., DEFENDANTS-APPELLANTS.

(APPEAL NO. 2)


Appellants having moved for a stay of enforcement of the orders appealed pursuant to CPLR 5519 (c) on the appeals taken herein from orders of the Supreme Court, Erie County, dated October 7, 2024, and October 9, 2024,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and enforcement of the orders appealed is stayed pursuant to CPLR 5519 (c), and

It is further ORDERED that the appeals are removed from the term of this Court commencing October 20, 2025, and are added to the day calendar for May 21, 2025.

Entered: April 7, 2025

Ann Dillon Flynn

Clerk of the Court