Opinion
2022-61259 Motion 2022-00084
02-03-2022
Roberto Valenti, Jessica Valenti, Claudio Fontana, Karen Fontana and Naresha Lawrence, Plaintiffs, David Charles, Darryl Douglas, Nancy Douglas, Jason Lawrence, Plaintiffs-Appellants-Respondents, v. The Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority, MTA Bridges and Tunnels and E.E. Cruz and Company, Inc., Defendants-Respondents, Village Dock, Inc., Luis Eduardo Mendoza also know as Mendoza, Luis Eduardo, Building Materials Co. Of America also known as Blding Mtrials Co Of Ame, and James T. Smith also known as Smith, James T., Defendants-Respondents-Appellants, The City of New York, The New York City Department of Transportation, Defendants. [And Third-Party Actions] Index No. 300333/10 No. 2021-00150
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Anil C. Singh Peter H. Moulton John R. Higgitt, Justices.
Appeals having been taken from an order of the Supreme Court, Bronx County, entered on or about December 21, 2020, and the appeals of plaintiff-appellant- respondent Jason Lawrence, defendants/second third-party defendants-respondents-appellants Village Dock, Inc. and Luis Eduardo Mendoza, and defendant-respondents-appellants Building Materials Co. of America and James T. Smith, having been perfected, And the perfected appeals having been stayed from the Court's calendar pending substitution and appointment of a personal representative(s) for plaintiffs-appellants-respondents Darryl Douglas and Nancy Douglas, deceased, And plaintiff-appellant-respondent Jason Lawrence having moved, pursuant to CPLR 603 and 1015(b), to sever the claims of decedents Darryl Douglas and Nancy Douglas, and/or to lift the automatic stay imposed by their deaths and permit the action to proceed.
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 denied without prejudice to further proceedings upon the appointment of a personal representative(s) for the deceased parties by the Surrogate's Court.