Nimirovski v Vornado Realty Trust Co.
Motion No: 2004-11176
Slip Opinion No: 2006 NYSlipOp 63334(U)
Decided on February 28, 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

M36413

T/nal

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2004-11176

Moshe Nimirovski, et al., respondents, v

Vornado Realty Trust Co., et al., defendants,

Kings Plaza Shopping Center of Avenue U, et al.,

defendants second and fifth third-party plaintiffs-

appellants; Capone & Denilo, Inc., first, second,

and third third-party defendant-appellant; BNJ

Construction Corp., fifth and sixth third-party

defendant-appellant; BNF Contractors, Inc.,

seventh and eighth third-party defendant-appellant

(and other third-party actions).

(Index No. 19321/99)

DECISION & ORDER ON MOTION

Motion by the first, second, and third third-party defendants-appellants, and separate motion by the defendants second and fifth third-party plaintiffs-appellants, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated October 29, 2004.

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

ORDERED that the motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court