Myers v JBZ Auto Service Center, Incorporated
Motion No: 2007-05104
Slip Opinion No: 2007 NYSlipOp 71718(U)
Decided on June 18, 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

M56171

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-05104

Tyson Myers, plaintiff, v JBZ Auto Service

Center, Incorporated, defendant third-party

plaintiff-appellant; Dutchess Overhead Doors,

Inc., third-party defendant-respondent.

(Index No. 795/05)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated April 24, 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.

SPOLZINO, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court