Weiss v McGibbon
Motion No: 2008-08088
Slip Opinion No: 2009 NYSlipOp 64717(U)
Decided on February 26, 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

M83011

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2008-08088

Ella Weiss, et al., plaintiffs-respondents,

v Janet McGibbon, et al., defendants-

respondents, Nikodema Operating Corp.,

d/b/a Floridian Diner, appellant

(and a third-party action).

(Index No. 5202/04)

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 July 9, 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.

RIVERA, J.P., MILLER, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court