Opinion
Motion No: M-810
03-02-2017
Billy Green, Jr., Plaintiff-Respondent, v. Simon Property Group, et al., Defendants. E.W. Howell, Co., LLC, Third-Party Plaintiff-Respondent, v. Metropolitan Construction Systems, Inc., Third-Party Defendant-Appellant. Simon Property Group, Inc, Simon Property Group, L.P., and The Retail Property Trust, Second Third-Party Plaintiffs-Respondents, v. Metropolitan Construction Systems, Inc., Second Third-Party Defendant- Appellant. American Multi-Cinema, Inc., Third Third-Party Plaintiffs- Respondents, v. Metropolitan Construction Systems, Inc., Third Third-Party Defendant-Appellant.
An appeal having been taken by third-party defendant-appellant, Metropolitan Construction Systems, Inc., from an order of the Supreme Court, New York County, entered on or about January 5, 2017, and said appeal having been perfected, And, third-party defendant-appellant having moved to stay enforcement of the aforesaid order pending determination of the appeal (M-347), And, plaintiff-respondent having cross-moved to sever the third-party actions from the main action in the event that this Court imposes a stay during pendency of the appeal (M-810), 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 for a stay is granted pending disposition of the appeal (M-347). The cross motion is denied in its entirety (M-810).
ENTERED: March 2, 2017
_____________________ CLERK
Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices
M-810
M-347
Index No. 157104/15