Kalmeta v Poelker
Motion No: 2007-02151
Slip Opinion No: 2007 NYSlipOp 65344(U)
Decided on March 16, 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

M52158

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-02151

Salvatore Kalmeta, plaintiff-respondent, et al.,

plaintiff, v Charles R. Poelker, et al., defendants

third-party plaintiffs-appellants; New York

City Department of Sanitation, et al., third-party

defendants-respondents.

(Index No. 16166/04)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Kings County, entered March 6, 2007.

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

ORDERED that the motion is denied.

RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court