| Perez v 347 Lorimer, LLC |
| Motion No: 2010-05502 |
| Slip Opinion No: 2010 NY Slip Op 86544(U) |
| Decided on October 28, 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
M110280
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-05502 Manuel Perez, plaintiff-respondent-appellant, v 347 Lorimer, LLC, defendant-respondent, EFI Construction, defendant third-party plaintiff-respondent; Precision Elevator Corp., third-party defendant-appellant- respondent. (Index No. 38841/05)
| DECISION & ORDER ON MOTION |
Motion by Precision Elevator Corp. 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, Kings County, dated March 26, 2010. Separate motion by Manuel Perez to strike the brief filed by Precision Elevator Corp. or, in the alternative, to strike Point III of the brief, on the ground that it improperly raises issues for the first time on appeal and refers to matter dehors the record. Application by EFI Construction pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the application, no papers having been filed in opposition or in relation to the motion to stay the trial, the papers filed in opposition to the motion to strike the brief filed by Precision Elevator Corp. or, in the alternative, to strike Point III of the brief, and no papers having been filed in opposition or in relation to the application, it is
ORDERED that the motion to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal; and it is further,
ORDERED that the motion to strike the brief filed by Precision Elevator Corp. or, in the alternative, to strike Point III of the brief, is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the application is granted, the time of EFI Construction to serve and file a brief is enlarged until November 29, 2010, and the brief of EFI Construction must be served and filed on or before that date.
SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court