Dechnik v Fortunato Sons, Inc.
Motion No: 2008-00895
Slip Opinion No: 2008 NYSlipOp 75444(U)
Decided on June 19, 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

M72026

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

WILLIAM E. McCARTHY, JJ.

2008-00895

Sylvester Dechnik, plaintiff-respondent,

v Fortunato & Sons, Inc., defendant third-party

plaintiff appellant-respondent, Kirco Industries,

defendant respondent-appellant; JD Martin

Renovation, Inc., third-party defendant-respondent.

(Index No. 27286/04)

DECISION & ORDER ON MOTION

Motion by Fortunato & Sons, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 7, 2007.

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 appeal.

PRUDENTI, P.J., RITTER, FLORIO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court