| Benfeld v Fleming Properties, LLC |
| Motion No: 2007-11271 |
| Slip Opinion No: 2008 NYSlipOp 60390(U) |
| Decided on January 8, 2008 |
| 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
M64639
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. DICKERSON, JJ.
|
2007-11271 Igor Benfeld, et al., plaintiffs, v Fleming Properties, LLC, defendant third-party plaintiff-appellant, et al., defendants; Robert Caneco, etc., third-party defendant, DIA Construction, Inc., third-party defendant-respondent. (Index No. 13756/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 23, 2007. Application by the third-party defendant-respondent to reject a reply affidavit of the defendant third-party plaintiff-appellant dated December 24, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied.
SPOLZINO, J.P., FLORIO, MILLER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court