Nahum v Davis Vision, Inc.
Motion No: 2009-00826
Slip Opinion No: 2009 NYSlipOp 67482(U)
Decided on March 25, 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

M84295

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-00826

Linda Nahum, et al., plaintiffs-respondents,

v Davis Vision, Inc., defendant third-party

plaintiff-respondent-appellant, Empire

Construction Associates, Inc., defendant

third-party defendant-appellant-respondent;

L & B Contract Industries, Inc., third-party

defendant-respondent.

(Index No. 8311/03)

DECISION & ORDER ON MOTION

Motion by Empire Construction Associates, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered January 12, 2009.

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., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court