De Virgilio v Four Times Square Center Partners, L.P.
Motion No: 2006-07759
Slip Opinion No: 2006 NYSlipOp 80684(U)
Decided on November 28, 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

M47459

Y/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2006-07759

Christopher De Virgilio, plaintiff-respondent,

v Four Times Square Center Partners, L.P., et al.,

defendants, Four Times Square Associates, LLC,

defendant third-party plaintiff-appellant; Otis

Elevator Company, third-party defendant-appellant.

(Index No. 24982/04)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay the trial of the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated July 14, 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., GOLDSTEIN, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court