N. Am. Elite Ins. Co. v. Space Needle, LLC

Full title: North American Elite Insurance Company, Plaintiff-Appellant, v. Space…

Court: Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: May 18, 2021

2021 N.Y. Slip Op. 66216 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-01457

05-18-2021

North American Elite Insurance Company, Plaintiff-Appellant, v. Space Needle, LLC, Defendant-Respondent.

Susanna Molina Rojas Clerk of the Court

Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy, Justices. Index No. 651519/21
Case No. 2021-01400

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 16, 2021, which, inter alia, denied plaintiff-appellant's motion for a preliminary injunction,

And plaintiff-appellant having moved for an order, pursuant to CPLR 5518 and/or 5519(c) issuing a preliminary injunction and/or otherwise enjoining defendant-respondent from further prosecution of the proceeding against plaintiff in the United States District Court for the Western District of Washington, captioned Space Needle LLC v North American Elite Insurance Company, Case No. 2:21-cv-00347 (W.D. Wash. 2021), and from the commencement or prosecution of any other action against plaintiff in any other court, forum, or venue in the United States arising out of, or relating in any way to, the commercial first party property insurance contract issued by plaintiff to defendant, with a policy number of NAP2001943-01 and a policy period of June 30, 2019 to June 30, 2020, pending the hearing and determination of the appeal,

And interim relief, enjoining the parties from proceeding in the Washington State action and staying this action in the Supreme Court, pending the hearing and determination of the underlying motion, having been granted by order of a Justice of this Court, dated April 27, 2021,

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 is granted to the extent of continuing the interim relief granted by order of a Justice of this Court, dated April 27, 2021, on condition that plaintiff-appellant perfects the appeal for the October 2021 Term. Entered: May 18, 2021

/s/

Susanna Molina Rojas

Clerk of the Court