| Goodleaf v Tzivos Hashem, Inc. |
| Motion No: 2008-05364 |
| Slip Opinion No: 2009 NY Slip Op 91079(U) |
| Decided on December 11, 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
M95881
E/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2008-05364 Mark Goodleaf, plaintiff-respondent, v Tzivos Hashem, Inc., defendant third-party plaintiff-appellant, H & H Builders, Inc., defendant-respondent, Arnold Steel Company, third-party defendant-respondent, et al., third-party defendant. (Index No. 32625/02)
| DECISION & ORDER ON MOTION |
Motion by Tzivos Hashem, Inc., 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 April 14, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied as academic as the appeal has been determined (see Goodleaf v Tzivos Hashem, Inc., ___ AD3d___ [2d Dept, Dec. 8, 2009]).
COVELLO, J.P., SANTUCCI, CHAMBERS and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court