David Friedman & Rachel Friedman v Ben "benjamin" Eisner
Motion No: 2005-01815 kc
Slip Opinion No: 2006 NYSlipOp 69893(U)
Decided on May 22, 2006
Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2005-1815 K C
DAVID FRIEDMAN and RACHEL FRIEDMAN,

Respondents,

-against-

BEN "BENJAMIN" EISNER,

Appellant,

-and-

"JANE" EISNER, "JOHN DOE" and "JANE DOE",

Undertenants.

DECISION

Motion by tenant-appellant for a stay is denied.

Cross motion by landlord respondent to deny tenant's application for a stay and for ancillary relief is denied as academic.

Appeal from order dated November 7, 2005 dismissed as no appeal lies from an order setting the matter down for a hearing.