Kotsay v Skillman Realty Company
Motion No: 2006-06070
Slip Opinion No: 2006 NYSlipOp 76286(U)
Decided on September 21, 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

M44803

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2006-06070

Joseph Kotsay, respondent-appellant,

v Skillman Realty Company, et al., defendants-

respondents, Donghia Furniture/Textiles, Inc.,

defendant third-party plaintiff appellant-respondent;

Capital Moving & Storage Co., Inc., third-party

defendant-respondent.

(Index No. 25169/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 25, 2006.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

MILLER, J.P., CRANE, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court