Cambry v Lincoln Gardens
Motion No: 2007-00949
Slip Opinion No: 2007 NYSlipOp 71451(U)
Decided on June 13, 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

M55814

E/nl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2007-00949, 2007-01528,

2007-05109, 2007-05330

Nathaniel Cambry, plaintiff-respondent,

v Lincoln Gardens, appellant, A.L.

Eastmond & Sons, Inc., et al., defendants-

respondents.

(Index No. 18887/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated November 17, 2006, and January 19, 2007, respectively, and two orders of the same court both dated May 18, 2007.

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 the trial in the above-entitled is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 18, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 18, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MILLER, J.P., GOLDSTEIN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court