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REYES v. RULLMAN

4 A.D.3d 463 (2004)

771 N.Y.S.2d 698

DAVID A. REYES, Plaintiff, v. JENNIFER RULLMAN et al., Defendants. (Action No. 1.) JUAN CANALES et al., Appellants, v. JENNIFER RULLMAN et al., Defendants, and FLETCHA RENT A CAR, INC., Respondent. CLAREDON NATIONAL INSURANCE COMPANY, Nonparty Respondent. (Action No. 2.) JENNIFER RULLMAN, Plaintiff, v. DAVID A. REYES et al., Defendants. (And a Third-Party Action.) (Action No. 3.) ALLSTATE INSURANCE COMPANY, Plaintiff, v. FLETCHA RENTAL, Defendant. (Action No. 4.) JAMES E. REYES et al., Plaintiff, v. DAVID A. REYES et al., Defendants. (Action No. 5.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 17, 2004.

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[s] at some unknown time in the future, after a

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