Fireman's Fund Insurance Company, as subrogee of Garde
Motion No: 2009-05720
Slip Opinion No: 2010 NY Slip Op 84935(U)
Decided on October 14, 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

M109493

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-05720

Fireman's Fund Insurance Company, as subrogee

of Garden Place Trust, plaintiff-respondent,

v Sweeney & Harkin Carpentry & Dry Wall

Corporation, defendant third-party plaintiff-

appellant; Harvard Plumbing & Heating Corp.,

third-party defendant-respondent.

(Index No. 18628/06)

DECISION & ORDER ON MOTION

Motion by Sweeney & Harkin Carpentry & Dry Wall Corporation, inter alia, 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 April 28, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., BALKIN, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court