Opinion
2021-74051 Motion 2021-03345 2021-03489
11-04-2021
In re: J.T. Magen Mechanic's Lien Litigation v. Nissan North America, Inc., et al., Defendants-Respondents. J.T. Magen & Company, Inc., Plaintiff-Appellant, Index No. 160497/17 No. 2021-03570
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Anil C. Singh Lizbeth González Julio Rodriguez III, Justices.
Plaintiff-appellant having moved, pursuant to CPLR 5704(a), for an order: (1) vacating and setting aside the ex parte order of the Supreme Court, New York County, entered on or about September 28, 2021, which declined to sign plaintiff's proposed order to show cause seeking a stay of the deadline for motions for summary judgment; (2) vacating that branch of the order, same court, entered on or about July 8, 2021, which held that plaintiff could not file a second summary judgment motion without prior leave of the court, (3) vacating the order, same court, entered on or about September 15, 2021, which denied plaintiff's request for leave to file a second summary judgment motion, (4) granting plaintiff leave to file a second summary judgment motion, (5) signing the aforesaid proposed order to show cause or directing Supreme Court to sign same, and (6) otherwise ordering that the deadline for motions for summary judgment to be filed in the subject action be stayed (M-2021-03345), And defendants-respondents Georgetown Eleventh Avenue Owners, LLC, Nissan North America, Inc., and Philadelphia Indemnity Insurance Company having cross-moved to strike plaintiff's notice of appeal from the aforesaid order of the Supreme Court, New York County, entered on or about September 28, 2021, which declined to sign plaintiff's proposed order to show cause seeking a stay of the deadline for motions for summary judgment (M-2021-03489),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that plaintiff-appellant's motion (M-2021-03345) is denied in its entirety, and
It is further ordered that defendant-respondents' motion (M-2021-03489) is granted and the appeal dismissed.