Agati v Wandel
Motion No: 2007-00950
Slip Opinion No: 2007 NYSlipOp 73595(U)
Decided on July 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

M57160

E/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-00950

Gregory Agati, respondent,

v Fredrika Wandel, appellant.

(Action No. 1)

(Index No. 20168/04)

Fredrika Wandel, appellant,

v Gregory Agati, respondent.

(Action No. 2)

(Index No. 38181/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial on the issue of damages in the above-entitled Action No. 1, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 20, 2006. Cross motion by the respondent to dismiss the appeal on the ground that it was untimely taken.

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

ORDERED that the motion and cross motion are denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court