 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Reyes v. Rullman2/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
In five related actions, inter alia, to recover damages for personal injuries and wrongful death, which were joined for trial, the plaintiffs in Action No. 2 appeal, by permission, from an order of the Supreme Court, Suffolk County (Catterson, J.), dated October 16, 2002, which, sua sponte, indefinitely stayed each of the five actions pending the production of the infant plaintiff in Action No. 5.
ORDERED that the order is reversed, on the facts and as an exercise of discretion, with one bill of costs, and the stays are deleted.
The Supreme Court improvidently exercised its discretion in, sua sponte, indefinitely staying each of the subject actions pending "production" of the infant plaintiff in Action No. 5. Under the circumstances, the prejudice to other parties "in litigating [these] action at some unknown time in the future, after a delay which is already of extraordinary duration, far outweighs any discernible benefit of a stay" (Islam v Katz Realty Co., 296 AD2d 566, 567).
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
Motion by Fletcha Rent A Car, Inc., to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2002, on the ground that the order is not appealable as of right, and leave to appeal has not been granted, and cross motion by the appellants for leave to appeal to this court from the order. By decision and order on motion of this court dated August 28, 2003, the motion and cross motion were held in abeyance and were referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition or relation thereto, and upon the argument of the appeal, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
|