25 Bay Terrace Assoc., L.P. v Public Serv. Mut. Ins. Co.

[*1] 25 Bay Terrace Assoc., L.P. v Public Serv. Mut. Ins. Co. 2017 NY Slip Op 50653(U) Decided on May 17, 2017 Supreme Court, Richmond County Marin, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 17, 2017
Supreme Court, Richmond County

25 Bay Terrace Associates, L.P., Plaintiff,

against

Public Service Mutual Insurance Company, Defendant.



150345/2013



Attorneys for plaintiff 25 Bay Terrace Associates, L.P.

Carroll McNulty & Kull, LLC

By: Robert Seigal, Joanna L. Young, and Kristin Gallagher

Attorneys for defendant Public Service Insurance Company

Ohrenstein & Brown, LLP

By: Matthew Bryant
Alan C. Marin, J.

25 Bay Terrace Associates, L.P. brought suit against its insurer, Public Service Mutual Insurance Company (PSM), to recover for damage caused by Hurricane Irene to its building on August 28, 2011. The case was tried before a jury in early 2017, and on January 27, the jury returned a verdict.

Post-trial motions were submitted and in the midst thereof, an Order of Rehabilitation was issued by an Illinois court, restraining and enjoining further prosecution of any claim, action or proceeding against PSM within that state or elsewhere (People of the State of Illinois, ex rel. v Public Service Insurance Company, et al., Case No 17 CH 3790 [Cir Ct, Cook Co,. Il, Chancery Div]). This Court conducted a conference on the Order of Rehabilitation with the parties on April 17, 2017. Defendant then requested that the Court direct that this matter be stayed.

It is undisputed that the Order of the Illinois court is entitled to full faith and credit. See Dambrot v. REJ Long Beach, LLC, 39 AD3d 797 (2nd Dept); A.J. Pegno Const. Corp./Tully [*2]Const. Co. v. Highlands Ins. Co., 39 AD3d 273 (1st Dept); Beecher v. Lewis Press Co., 238 AD2d 927 (4th Dept); and Grace v. Castlepoint Ins. Co., 54 Misc 3d 1205[A] (Supreme Court, Kings Co.). These cases arose from insurance company insolvencies in Pennsylvania, Texas, Rhode Island and California, respectively.

In view of the foregoing, IT IS ORDERED that any further prosecution of this litigation (Index No. 150345/2013) is stayed, which Order shall remain in effect until the injunction of litigation is lifted by the Circuit Court of Cook County.

ENTER

May 17, 2017

________________________________

Alan C. Marin

J.S.C.