Smith v Ameriquest Mortgage Company
Motion No: 2006-09418
Slip Opinion No: 2006 NYSlipOp 79509(U)
Decided on November 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

M46820

C/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2006-09418

Maudline Smith, appellant-respondent,

v Ameriquest Mortgage Company, et al.,

respondents-appellants; Daniel Chan,

et al., respondents.

(Index No. 32879/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants and the respondent Mark Lindenmann on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 18, 2006, to stay the trial proceedings in the above-entitled action, including discovery, pending hearing and determination of the appeal and cross appeal.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., KRAUSMAN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court