Germain v Irizarry
Motion No: 2009-11542
Slip Opinion No: 2010 NY Slip Op 63292(U)
Decided on February 10, 2010
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

M98516

S/nl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-11542

Yvrose Germain, respondent, v Eda M.

Irizarry, appellant.

(Index No. 11196/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the retrial on the issue of damages pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 30, 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 retrial on the issue of damages is stayed pending hearing and determination of the appeal.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court