Mantovani v Whiting-Turner Contracting Company
Motion No: 2008-10935
Slip Opinion No: 2009 NYSlipOp 67205(U)
Decided on March 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

M84088

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-10935

John P. Mantovani, plaintiff-respondent,

v Whiting-Turner Contracting Company, defendant

second third-party plaintiff-appellant, Herbert G.

Martin, Inc., defendant third-party plaintiff/

fourth-party plaintiff, et al., defendants; ADCO

Electrical Corp, third-party defendant-respondent;

United Rental, fourth-party defendant; Carmody

Contracting, Inc., second third-party defendant-

respondent.

(Index No. 08-11259)

DECISION & ORDER ON MOTION

Motion by Whiting-Turner Contracting Company to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 13, 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.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court