Alfaro v 65 West 13th Acquisition, LLC
Motion No: 2009-03017
Slip Opinion No: 2010 NY Slip Op 63549(U)
Decided on February 18, 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

M98718

E/sl

JOHN M. LEVENTHAL, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-03017

Thomas Alfaro, plaintiff, v 65 West 13th

Acquisition, LLC, et al., defendants third-party

plaintiffs-respondents, Humphreys & Harding,

Inc., defendant third third-party plaintiff-respondent,

Masterbuilders, Inc., defendant second third-party

plaintiff-respondent, Preferred Mechanical, Inc.,

et al., defendants-respondents; Urban Outfitters,

Inc., third-party defendant-appellant; Everett

Construction Corp., third-party defendant second

third-party defendant-respondent; Post Road Iron

Works, Inc., third third-party defendant-respondent,

RCC Concrete Corp., third third-party defendant-

appellant.

(Index No. 39351/03)

DECISION & ORDER ON MOTION

Motion by Urban Outfitters, Inc., and separate motion by RCC Concrete Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated February 20, 2009.

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

ORDERED that the motions are denied.

LEVENTHAL, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court