Harris v Arnell Construction Corporation
Motion No: 2008-06705
Slip Opinion No: 2008 NYSlipOp 83848(U)
Decided on September 24, 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

M76228

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-06705

Christopher Harris, respondent-appellant,

v Arnell Construction Corporation,

appellant-respondent.

(Index No. 24679/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the retrial 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 May 13, 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.

SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court