Tama v Gargiulo Bros., Inc.
Motion No: 2008-03842
Slip Opinion No: 2008 NYSlipOp 72595(U)
Decided on May 21, 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

M70786

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-03842

Stanislaw Tama, et al., respondents-appellants,

v Gargiulo Bros., Inc., defendant third-party plaintiff-

respondent-appellant, Our Lady of Refuge Roman

Catholic Church, appellant-respondent; Sako

Group, Ltd., third-party defendant-respondent-

appellant.

(Index No. 11269/05)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Kings County, dated March 17, 2008.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeals.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court