Fernandez v Madmorg Realty Corp.

Fernandez v Madmorg Realty Corp.

Motion No: 2005-09615

Slip Opinion No: 2006 NYSlipOp 62829(U)

Decided on February 9, 2006

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35887

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-09615
Elba Bernardo Fernandez, etc., plaintiff-respondent,
v Madmorg Realty Corp., defendant third-party
plaintiff-appellant; Nash Holdings, LLC, et al.,
third-party defendants-respondents.
(Index No. 20979/03)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 24, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court