Estate of Jose Martinez v Hollywood Atrium, Inc.
Motion No: 2006-04741
Slip Opinion No: 2007 NYSlipOp 70504(U)
Decided on May 31, 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

M55273

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2006-04741

Estate of Jose Martinez, etc., plaintiff-respondent,

v Hollywood Atrium Gym, defendant third-party

plaintiff-respondent, 235 Mill Street, defendant-

respondent; Delca Air Conditioning & Heating

Corp., third-party defendant-appellant.

(Index No. 14163/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2006.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court