Evans v Mendoza
Motion No: 2010-03728
Slip Opinion No: 2010 NY Slip Op 81094(U)
Decided on August 30, 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

M107691

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-03728

Viviana Evans, etc., et al., plaintiffs-respondents,

v Gerson Mendoza, et al., defendants-respondents,

Dawn Construction Corp., appellant.

(Index No. 3084/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 22, 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.

MASTRO, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court