Nembhard v 170 SMRR, LLC
Motion No: 2006-09534
Slip Opinion No: 2007 NYSlipOp 62678(U)
Decided on February 7, 2007
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

M50551

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2006-09534

Lodian Nembhard, plaintiff-appellant,

v 170 SMRR, LLC, defendant third-party

plaintiff-respondent; American Ambulette

Corp., third-party defendant-appellant.

(Index No. 03-15725)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay a hearing on the issue of damages on the third-party claim for indemnification pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 18, 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.

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court