Fox v H&H Hennes & Mauritz, LP
Motion No: 2010-07470
Slip Opinion No: 2010 NY Slip Op 82978(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108689

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-07470

Rory Fox, plaintiff-respondent,

v H & M Hennes & Mauritz, LP, defendant

third-party plaintiff-appellant-respondent;

Maintenance Etc., LLC, third-party defendant

fourth-party plaintiff-respondent-appellant;

Garrity Electric, Inc., et al., fourth-party

defendants-respondents.

(Index No. 14957/06)

DECISION & ORDER ON MOTION

Motion by H & M Hennes & Mauritz, LP, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 28, 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 on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court