Schwan v Eponymous Associates, LLC
Motion No: 2009-00380
Slip Opinion No: 2009 NY Slip Op 82766(U)
Decided on September 3, 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

M91568

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2009-00380

Paul Schwan, respondent-appellant, et al., plaintiff,

v Eponymous Associates, LLC, et al., defendants

third-party plaintiffs second third-party

plaintiffs-appellants-respondents, Ruttura &

Sons Construction Co., Inc., et al., defendants

third-party defendants-appellants-respondents;

Site Safety, Inc., second third-party defendants-

appellants-respondents.

(Index No. 44879/03)

DECISION & ORDER ON MOTION

Separate motions by Eponymous Associates, LLC, and Steiner Building, LLC, Mazza & Sons Demolition, and Site Safety, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Kings County, dated December 4, 2008.

Upon the papers filed in support of the motions and the papers filed in opposition and relation thereto, it is

ORDERED that the motions are denied.

MASTRO, J.P., LEVENTHAL, CHAMBERS and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court