| Leiner v F. Schumacher & Co. |
| Motion No: 2009-06834 |
| Slip Opinion No: 2010 NY Slip Op 84654(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M109375
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
SANDRA L. SGROI, JJ.
|
2009-06834, 2009-10937 Hilary Leiner, as administrator of the estate of Mary Ann Espisito, plaintiff-respondent, v F. Schumacher & Co., et al., appellants, Madison 28 Associates, L.P., defendant- respondent. (Index No. 27366/07)
| DECISION & ORDER ON MOTION |
Motion by F. Schumacher & Co. to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated June 11, 2009, and September 17, 2009, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, Hilary Leiner, as administrator of the estate of Mary Ann Espisito, is substituted for the deceased plaintiff-respondent, Mary Ann Espisito, and the caption is amended accordingly; and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court