DiBenedetto v Lowe's Home Centers, Inc.
Motion No: 2006-11827
Slip Opinion No: 2007 NYSlipOp 63973(U)
Decided on February 28, 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

M51409

E/sl

STEPHEN G. CRANE, J.P.

PETER B. SKELOS

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-11827

Salvatore DiBenedetto, etc., et al., plaintiffs,

v Lowe's Home Centers, Inc., defendant

third-party plaintiff-respondent; Gary DiBenedetto,

third-party defendant-appellant.

(Index No. 12215/04)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from of an order of the Supreme Court, Richmond County, dated November 30, 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., SKELOS, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court