Faulkner v Day & Night Refrigeration
Motion No: 2008-09338
Slip Opinion No: 2009 NYSlipOp 61371(U)
Decided on January 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81279

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-09338

Brenda Faulkner, et al., respondents,

v Day & Night Refrigeration, et al., defendants,

Target Corporation, appellant.

(Index No. 41130/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 3, 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.

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court