Mantovani v Whiting-Turner Contracting Company
Motion No: 2008-11259
Slip Opinion No: 2009 NY Slip Op 73703(U)
Decided on May 29, 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

M87296

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-11259, 2009-03768

John P. Mantovani, plaintiff-respondent,

v Whiting-Turner Contracting Company,

et al., defendants-respondents, Herbert G.

Martin, Inc., defendant third-party

plaintiff/fourth-party plaintiff-appellant;

ADCO Electrical Corp, third-party defendant-

respondent; United Rental, fourth-party

defendant-respondent

(and another title).

(Index No. 08-11259)

DECISION & ORDER ON MOTION

Motion by Herbert G. Martin, Inc., in effect, for leave to reargue its prior motion to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both entered November 13, 2008, which was determined by decision and order on motion dated March 20, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court