Donaldson v Petro Oil Co.
Motion No: 2010-02621
Slip Opinion No: 2010 NY Slip Op 67862(U)
Decided on April 8, 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

M101099

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-02621, 2010-02623

Randolph Donaldson, et al., respondents,

v Petro Oil Co., defendant third-party plaintiff

second third-party plaintiff-appellant; L & I

Mechanical Contractors Corp., third-party

defendant-respondent; Keyspan Energy

Delivery, second third-party defendant-

respondent.

(Index No. 11211/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, both dated March 5, 2010.

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

ORDERED that the motion is denied.

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court