| Bryan v Berger |
| Motion No: 2008-05036 |
| Slip Opinion No: 2009 NYSlipOp 60959(U) |
| Decided on January 16, 2009 |
| 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
M81170
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2008-05036 Elaine Bryan, plaintiff-respondent, v Jennifer Berger, et al., defendants-respondents, New York City Transit Authority, et al., appellants, et al., defendant. (Action No. 1) Jennifer Berger, plaintiff, v New York City Transit Authority, et al., defendants. (Action No. 2) (Index Nos. 100339/05, 101584/05)
| DECISION & ORDER ON MOTION |
Motion by Jennifer Berger, the plaintiff in Action No. 2, on an appeal from an order of the Supreme Court, Kings County, dated March 28, 2008, in effect, to vacate so much of a decision and order on motion dated July 28, 2008, as stays the trial in Action No. 2, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court