Cammarata v 40 West 53rd Partnership
Motion No: 2005-04971
Slip Opinion No: 2006 NYSlipOp 65641(U)
Decided on March 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

M37771

Y/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04971

Joseph Cammarata, plaintiff-respondent,

v 40 West 53rd Partnership, et al., defendants

third-party plaintiffs-respondents; Volt Delta

Resources, Inc., Maintech Division, third-party

defendant-respondent

(and other titles).

(Index No. 10752/00)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated April 18, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the trial of the above-entitled action is stayed, pending hearing and determination of the appeal.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court