Mantovani v Whiting-Turner Contracting Company
Motion No: 2008-11258
Slip Opinion No: 2009 NYSlipOp 67206(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

M84086

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-11258, 2008-11259

John P. Mantovani, plaintiff, v Whiting-Turner

Contracting Company, defendant second third-party

plaintiff-respondent, Herbert G. Martin, Inc.,

defendant third-party plaintiff/fourth-party

plaintiff-appellant-respondent, et al., defendants;

ADCO Electrical Corp, third-party defendant;

United Rental, fourth-party defendant-respondent;

Carmody Contracting, Inc., second third-party

defendant-respondent-appellant.

(Index No. 08-11259)

DECISION & ORDER ON MOTION

Motion by Herbert G. Martin, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals and cross appeals from two orders of the Supreme Court, Westchester County, both 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