Mendieta v 333 Fifth Avenue Association
Motion No: 2008-08432
Slip Opinion No: 2008 NYSlipOp 88994(U)
Decided on November 13, 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

M78464

E/sl

HOWARD MILLER, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-08432

Manuel Mendieta, plaintiff-respondent,

v 333 Fifth Avenue Association, et al.,

defendants third-party plaintiffs-respondents,

Innovative Concepts Elevator, Inc., defendant-

respondent; SPN, Inc., third-party defendant-

respondent-appellant, Perfume Valley, third-

party defendant-appellant-respondent.

(Index No. 21904/05)

DECISION & ORDER ON MOTION

Motion by Perfume Valley to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 12, 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.

MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court