Lewis v Brighton One, LLC
Motion No: 2010-03175
Slip Opinion No: 2010 NY Slip Op 71152(U)
Decided on May 12, 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

M102670

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-03175

Sean Lewis, plaintiff-respondent, v Brighton

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

plaintiffs-appellants; Carlton Concrete Corp.,

third-party defendant-respondent.

(Index No. 4514/05)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 2, 2010. Cross motion by the plaintiff-respondent for an award of costs pursuant to 22 NYCRR 130-1.1(a).

Upon the papers filed in support of the motion and the cross motion, the papers filed in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the motion and cross motion are denied.

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court