Kucher v Daimlerchrysler Corp.
Motion No: 2008-09716
Slip Opinion No: 2008 NYSlipOp 89831(U)
Decided on November 20, 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

M78817

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-09716

Barry E. Kucher, plaintiff,

v DaimlerChrysler Corp., et al., defendants.

(Index No. 105372/04)

DECISION & ORDER ON MOTION

Motion by Barry E. Kucher for leave to appeal to this court from stated portions of an order of the Appellate Term, Second and Eleventh Judicial Districts, dated July 2, 2008, which affirmed an order of the Civil Court of the City of New York, Queens County, entered May 16, 2006. Cross motion by Chrysler, LLC, f/k/a DaimlerChrysler Corp., for leave to appeal to this court from stated portions of the order dated July 2, 2008, and to stay all proceedings in the above-entitled action pending hearing and determination of its appeal.

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

ORDERED that the motion and cross motion are denied.

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court