`NYSCEF DOC. NO. 25
`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.
`---------------------------------------------------------------------)(
`HELDER J. CORDEIRO,
`
`Plaintiff,
`
`-against-
`
`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.
`
`DECISION & ORDER
`
`Index No: 53526/2019
`
`NEW YORK MARINE TOWING INCORPORATED and
`WEEKS MARINE, INC.,
`
`Defendants.
`----------------------------~----------------------------------------)(
`
`Motion Return Date:
`July 12,2019
`Motion Seq. #2
`
`The following papers (e-filed documents 9-13; 21-22) were read on the motion by
`defendant, New York Marine Towing Incorporated,
`for an order dismissing the complaint
`as it asserts a cause of action against it.
`
`insofar
`
`Notice of Motion, Affirmation (Exhibits A-C)
`Affirmation in Opposition (Exhibit 1)
`
`Upon reading the foregoing papers it is
`
`ORDERED the motion is granted tothe 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 Southern District of New York (Karas, J.) dated July 22,2016.
`
`Plaintiff sues for injurieEiallegedly suffered when he witnessed the collision of a tug boat
`and a barge. On July 22, 2016, the United States District Court for the Southern District of New
`York (Karas, 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 Southern District of New York dated July
`22,2016.
`
`Dated: White Plains, New York
`September 26, 2019
`
`ENTER,
`
`1 of 1
`
`
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