Zabataite v Museum of Modern Art
Motion No: 2008-01415
Slip Opinion No: 2008 NYSlipOp 72067(U)
Decided on May 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M70546

E/cb

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2008-01415

Anthony Zabataite, respondent, v

Museum of Modern Art, appellant.

(Index No. 11300/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 5, 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.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court