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Gluick v. Frank's Restaurant Inc.

Stay of Civil Action Denied as Criminal Action Resolved Before Commencement of Civil Suit

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The following papers read on this motion:Notice of Motion and Affidavits XAffirmation in Opposition XReply Affirmation XRELIEF REQUESTED

*1 t he defendant, Richard E. Gerzof, moves for an order pursuant to CPLR §2201 seeking to stay the trial of this civil action pending the resolution of the related criminal action against the defendant, Richard E. Gerzof. The plaintiff submits opposition. The defendant submits a reply affirmation.The plaintiff initiated this action to recover for damages as and against the defendants as a result of alleged incidents of harassment while plaintiff was employed as a bartender at Frank’s Restaurant, located in Jericho, New York. The defendant, Richard Gerzof, provides that he was arrested as a result of the alleged “forcible touching,” a bench trial was held before Justice Watson, in the District Court, Nassau County, whereby the defendant, Richard Gerzof, was found guilty. Thereafter, the defendant filed an appeal of the Judgment dated October 13, 2015, convicting the defendant. The defendant annexes an affirmation on behalf of Paula Frome, dated July 20, 2017, who avers that she is appellate counsel for the defendant, the appeal has been perfected for almost a year, that the court has not yet calendared the matter for oral argument, and that it would be unlikely that it would be calendered for argument before the end of the year.APPLICABLE LAW

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