| Brooks v Judlau Contracting, Inc. |
| Motion No: 2005-02139 |
| Slip Opinion No: 2008 NYSlipOp 63201(U) |
| Decided on February 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
M65905
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
DAVID S. RITTER
ANITA R. FLORIO, JJ.
|
2005-02139 Stephen J. Brooks, et al., appellants-respondents, v Judlau Contracting, Inc., defendant third- party plaintiff-respondent-appellant; Thunderbird Constructors, Inc., third-party defendant-respondent. (Index No. 30239/99)
| DECISION & ORDER ON MOTION |
Motion by Judlau Contracting, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal to the Court of Appeals from a decision and order of this court dated April 3, 2007, which determined an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated December 10, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to seeking this relief in the Court of Appeals.
RIVERA, J.P., FISHER, RITTER and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court