Pearson v Parkside Limited Liability Company
Motion No: 2006-10454
Slip Opinion No: 2006 NYSlipOp 80708(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

M47327

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-10454

Brenda Pearson, plaintiff, v Parkside Limited

Liability Company, defendant, Marshall Weinerman

Real Estate, Inc., defendant third-party plaintiff-

appellant; Re-Anna, Inc., d/b/a Curves for Women,

third-party defendant-respondent, et al., third-party

defendant.

(Index No. 01-16410)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 10, 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 on condition that the appeal is perfected on or before December 27, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 27, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court