| Gelo v City of New York |
| Motion No: 2006-01125 |
| Slip Opinion No: 2007 NYSlipOp 67232(U) |
| Decided on April 11, 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
M53190
E/sl
GABRIEL M. KRAUSMAN, J.P.
ANITA R. FLORIO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-01125 Charles Gelo, et al., appellants, v City of New York, defendant, Starr Realty Company (NE), LLC, defendants third-party plaintiffs- respondents; Gianna Mechanical Corp., third-party defendant-respondent (and a fourth-party action). (Index No. 2158/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court dated November 21, 2006, which determined an appeal from an order of the Supreme Court, Queens County, dated December 30, 2005. Separate motion by Gianna Mechanical Corp. to stay the trial in the above-entitled action pending hearing and determination of the appellants' motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is denied; and it is further,
ORDERED that the motion of Gianna Mechanical Corp. is denied as academic.
KRAUSMAN, J.P., FLORIO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court