`NYSCEF DOC. NO. 24
`RECEIVED NYSCEF: 09/26/2019
`
`INDEX NO. 53526/2019
`
`SUPREME COURT: STATE OF NEW YORK
`lAS PART WESTCHESTER COUNTY
`PRESENT: HON. JOAN B. LEFKOWITZ, J.S.c.
`-----------------------------------------------------------------.---J(
`HELDER J. CORDEIRO,
`
`To commence the statutory time period for
`appeals as of right (CPLR 5513[a]), you are
`advised to serve a copy of this order, with
`notice of entry, upon all parties.
`
`- Plaintiff,
`
`-against-
`
`NEW YORK MARINE TOWING INCORPORATED and
`WEEKS MARINE, INC.,
`
`Defendants.
`----------~-----------------.----------------------------------------J(
`
`DECISION & ORDER
`
`Index No: 53526/2019
`
`Motion Return Date:
`July 12,2019
`Motion Seq. #1
`
`The following papers (e-filed documents 3-4;18-19; 23) were read on the motion by
`defendant, Weeks Marine, Inc., for an order dismissing the complaint
`insofar as asserts a cause of
`action against it.
`
`Notice of Motion, Affirmation (Exhibits A-D)
`Affirmation in Opposition (Exhibit 1)
`Reply Affirmati~m (Exhibits E-G)
`
`Upon reading the foregoing papers it is
`
`ORDERED the motion is granted to the extent that the matter is stayed until an order is
`issued by the federal court which vacates the stay set forth in the order of the United States
`District Court for the District of New Jersey (McNulty, J.) dated March21, 2016.
`
`Plaintiff sues for injuries allegedly suffered when he witnessed the collision of a tug boat
`and a barge. On March 21,2016,
`the United States District Court for the District of New Jersey
`(McNulty, J.) issued an order pursuant
`to federal admiralty law which "restrained, stayed and
`enjoined" all lawsuits concerning the accident until a "hearing and determination" by the federal
`court.
`
`Plaintiff has made an application to the federal court for permission to sue there. The
`court has not been notified of a decision by the federal court. Thus, the matter is stayed pursuant
`to the order of the United States District Court for the District of New Jersey dated March 21,
`2016.
`
`Dated: White Plains, New York
`September 26, 2019
`
`ENTER,
`
`1 of 1
`
`