Knobler v Savers, Inc.
Motion No: 2006-07968 +1
Slip Opinion No: 2006 NYSlipOp 75792(U)
Decided on September 8, 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

M44171

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-07968, 2006-07970

Herbert Knobler, respondent,

v Savers, Inc., appellant.

(Index No. 24399/03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from two orders of the Supreme Court, Queens County, both dated July 27, 2006, and to stay the inquest on damages in the above-entitled action pending hearing and determination of the appeals.

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

ORDERED that the motion is granted, and the inquest on damages in the above-entitled action is stayed pending and determination of the appeals on condition that the appeals are perfected on or before October 10, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 10, 2006, the court, on its own motion, may vacate the stay, or the plaintiff may move to vacate the stay, on three days notice.

FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court