Farinacci v Powell
Annotate this CaseJason Farinacci, Respondent,
v
Bryan A. Powell et al., Appellants.
—[*1] Buckley & Curtis, P.A., New York (Robert N. Mizrahi of counsel), for appellants.
Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, New York (Rhonda E. Kay of counsel), for respondent.
Order, Supreme Court, New York County (Paul Wooten, J.), entered June 17, 2009, which, in an action for personal injuries and wrongful death arising out of a collision involving a vehicle operated by defendant Powell and owned by defendant Mercedes Benz USA, LLC, denied defendants' motion pursuant to CPLR 2201 for a stay of proceedings pending Powell's appeal of his criminal conviction of, inter alia, vehicular manslaughter and driving while intoxicated, unanimously affirmed, without costs.
Defendants do not argue that Powell's pending appeal could result in a new trial, and otherwise fail to show how Powell's testimony in this civil action could adversely affect him in any future criminal proceedings (see CPL 1.20 [16] [c] ["criminal action . . . terminates with the imposition of sentence or some other final disposition in a criminal court"]). Concur—Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.