Opinion
Motion Nos. 2022-03404 2022-03412 Index Nos. 153437/17 595086/21 Case No. 2022-03341
10-06-2022
Lucky of 195 Madison Street Roofing and Contracting, Inc., Plaintiff, v. Creif 109 LLC, et al., Defendants. Creif 109 LLC, Third-Party Plaintiff-Respondent, v. Lyndon Chin, et al., Third-Party Defendants, Stephen Seung, Third-Party Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Presiding, Justices. Cynthia S. Kern Ellen Gesmer Manuel J. Mendez Martin Shulman, Justice
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 15, 2022, And third-party defendant-appellant Stephen Seung having moved to stay all pre-trial discovery as to Seung pending the hearing and determination of the aforesaid appeal, and the resolution of any post-appeal motions (M-2022-03404), And third-party plaintiff-respondent having cross-moved to strike from the public record Exhibit E annexed to the affirmation of Philip A. Greenberg, Esq., submitted in support of Seung's aforesaid motion for a stay (M-2022-03412),
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion by third-party defendant-appellant for a stay of pre-trial discovery is denied (M-2022-03404). The cross motion by third-party plaintiff-respondent is granted and Exhibit E, annexed to third-party defendant-appellant's moving papers, is stricken from the record (M-2022-03412).