Murnane Associates, Inc. v. Harrison Garage Parking Corp.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion to restore this matter to the calendar. The automatic stay pursuant to section 362 (a) (1) of the Bankruptcy Code (11 USC § 362 [a] [1]) does not apply to non-debtor defendants (Central Buffalo Project Corp. v Edison Bros. Stores, 205 AD2d 295, 297). Although an exception has been recognized when the bankrupt is obligated to indemnify a non-debtor defendant (see, e.g., Robins Co. v Piccinin, 788 F2d 994, 999, cert denied 479 US 876), the City of Syracuse has failed to show that such…