| Everest Mechanical and General Construction Corp. v Smi |
| Motion No: 2009-05836 |
| Slip Opinion No: 2009 NY Slip Op 76793(U) |
| Decided on July 1, 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. |
Appellate Division: Second Judicial Department
M88884
E/cb
ANITA R. FLORIO, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-05836 Everest Mechanical and General Construction Corp., plaintiff, v Terrance Smith, et al., defendants (and a third-party action). (Index No. 25441/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff to stay the trial in the above-entitled action pursuant to CPLR 5704(a) or, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 19, 2009, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action pursuant to CPLR 5704(a) is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action, pending hearing and determination of the appeal is denied as academic.
FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court