Urena v 315 South 5th, LLC
Motion No: 2009-03035
Slip Opinion No: 2009 NY Slip Op 70650(U)
Decided on April 27, 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

M85806

E/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-03035

Domingo Urena, et al., plaintiffs-respondents,

v 315 South 5th, LLC, defendant-respondent,

Alan Messner, et al., appellants.

(Index No. 23099/05)

DECISION & ORDER ON MOTION

Motion by the appellants 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 January 14, 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.

PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court