Armentano v Broadway Mall Properties, Inc.
Motion No: 2006-10594
Slip Opinion No: 2006 NYSlipOp 82494(U)
Decided on December 22, 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

M48577

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2006-10594

John Armentano, et al., respondents, v Broadway

Mall Properties, Inc., et al., defendants third-party

plaintiffs-respondents-appellants, Lehrer, McGovern,

Bovis, Inc., respondent-appellant; Garito Contracting,

Inc., third-party defendant-appellant-respondent,

et al., third-party defendant.

(Index No. 15126/01)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 27, 2006.

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

ORDERED that the motion is denied.

CRANE, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court