Tapia v Mario Genovesi & Sons, Inc.
Motion No: 2009-01580
Slip Opinion No: 2010 NY Slip Op 66562(U)
Decided on March 25, 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

M100441

E/sl

WILLIAM F. MASTRO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-01580

Carlos Tapia, appellant-respondent, v Mario

Genovesi & Sons, Inc., etc., respondent-appellant,

Reale Masonry Contractors, Inc., et al., respondents.

(Index No. 07-5550)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered December 23, 2009.

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

ORDERED that the motion is denied.

MASTRO, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court