| Empire Builders & Developers, Inc. v Delos Insurance Co |
| Motion No: 2010-03327 |
| Slip Opinion No: 2010 NY Slip Op 69282(U) |
| Decided on April 22, 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. |
Appellate Division: Second Judicial Department
M101738
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-03327 Empire Builders & Developers, Inc., et al., respondents, v Delos Insurance Company, defendant, Scottsdale Insurance Company, appellant. (Index No. 20351/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in an action entitled Bermejo v 187 20th Realty, Inc., pending in the Supreme Court, Kings County, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 16, 2010.
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 trial in the action entitled Bermejo v 187 20th Realty, Inc., pending in the Supreme Court, Kings County, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 3, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 3, 2010, the court, on its own motion, may vacate the stay, or the plaintiff in the action entitled Bermejo v 187 20th Realty, Inc., pending in the Supreme Court, Kings County, may move to vacate the stay, on three days notice.
DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court