Sullivan v Great Atlantic & Pacific Tea Company, d/b/a A

Sullivan v Great Atlantic & Pacific Tea Company, d/b/a A

Motion No: 2006-09136

Slip Opinion No: 2006 NYSlipOp 77414(U)

Decided on October 6, 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

M45519

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2006-09136
Kathleen Sullivan, plaintiff, v Great Atlantic
& Pacific Tea Company, d/b/a A & P, et al.,
respondents, Security Fence Snow Removal,
appellant.
(Index No. 04-77)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered August 29, 2006, to stay the trial in the above-entitled action on the respondents' cross claim for common-law indemnification pending the hearing and determination of the appeal.

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 in the above-entitled action on the respondents' cross claim for common-law indemnification is stayed pending hearing and determination of the appeal.

FLORIO, J.P., ADAMS, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court