Rajwan v 109-23 Owners Corporation
Motion No: 2010-05437
Slip Opinion No: 2010 NY Slip Op 78508(U)
Decided on August 2, 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

M106478

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-05437

Ezra Rajwan, respondent, v 109-23 Owners

Corporation, appellant-respondent, Commercial

Building Maintenance Corp., respondent-

appellant.

(Index No. 8744/08)

DECISION & ORDER ON MOTION

Separate motions by the appellant-respondent and 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, Queens County, entered May 26, 2010.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 1, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 1, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., ANGIOLILLO, BALKIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court