Hernandez v Condan Enterprises, LLC
Motion No: 2006-08264
Slip Opinion No: 2006 NYSlipOp 75512(U)
Decided on September 13, 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

M44387

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-08264

Jose Hernandez, plaintiff, v Condan Enterprises,

LLC, defendant second third-party plaintiff-

respondent; Circuit City Stores, Inc., second

third-party defendant-respondent, Trader Joe's

East, Inc., second third-party defendant-appellant

(and a third-party action).

(Index No. 5316/04)

DECISION & ORDER ON MOTION

Motion by the second third-party defendant-appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated July 31, 2006.

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

ORDERED that the motion is denied.

CRANE, J.P., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court