Opinion
Motion No: M-436
03-21-2019
David Kirsch, on behalf of himself and all others similarly situated, Plaintiff-Respondent, v. The Padded Wagon, Inc., Defendant-Appellant.
Defendant-appellant having moved for a stay of discovery pending hearing and determination of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about June 4, 2018, and for an order permitting it to withdraw its supplementary response to plaintiff's Interrogatory Number 5 (M-184), And plaintiff-respondent having cross moved for an order dismissing the appeal as untimely filed and for the imposition of attorney's fees and costs against defendant-appellant (M-436), 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 and cross motion (M-184/M-436) are denied and the interim relief granted by an order of a Justice of this Court, dated January 11, 2019, is hereby vacated.
ENTERED: March 21, 2019
_____________________ CLERK
PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Peter H. Moulton,Justices
M-436
M-184
Index No. 24671/16E