| Smith v West 125th Realty Corp. |
| Motion No: 2008-04381 |
| Slip Opinion No: 2008 NYSlipOp 74110(U) |
| Decided on June 9, 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
M71570
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2008-04381 Roy Smith, plaintiff-respondent, v West 125th Realty Corp., appellant, Mobay Uptown Restaurant & Barbecue, Inc., defendant-respondent, et al., defendant. (Index No. 2872/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 4, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., FLORIO, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court