| Schwartz v City of New York |
| Motion No: 2009-10223 |
| Slip Opinion No: 2009 NY Slip Op 89140(U) |
| Decided on November 19, 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
M94708
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
HOWARD MILLER
SHERI S. ROMAN, JJ.
|
2009-10223 Yecheskel Schwartz, et al., plaintiffs-respondents, v City of New York, defendant third-party plaintiff- respondent, 307 Hewes Street Realty Corp., et al., defendants third-party defendants-appellants. (Index No. 30763/07)
| 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 October 9, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 21, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 21, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court