| Peter F. Gaito Architecture, LLC v Simone Development |
| Motion No: 2006-10627 |
| Slip Opinion No: 2007 NYSlipOp 65009(U) |
| Decided on March 12, 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. |
Appellate Division: Second Judicial Department
M51846
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2006-10627 Peter F. Gaito Architecture, LLC, appellant, v Simon Development Corp., respondent. (Index No. 05-22157)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated November 3, 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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the accrual of interest on the cause of action based on quantum meruit is tolled while this stay is in effect.
CRANE, J.P., KRAUSMAN, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court