| Burgers Bar Five Towns, LLC v Burger Holdings Corp. |
| Motion No: 2011-02856 |
| Slip Opinion No: 2011 NY Slip Op 69447(U) |
| Decided on April 8, 2011 |
| 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
M118402
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2011-02856 Burgers Bar Five Towns, LLC, respondent, v Burger Holdings Corp., etc., et al., appellants. (Index No. 600057/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Nassau County, dated April 5, 2011. Application by the appellants to deem the notice of appeal from a decision of the same court entered March 14, 2011, to be a premature notice of appeal from the interlocutory judgment dated April 5, 2011.
Upon the papers filed in support of the motion and the application, and papers filed in opposition thereto, it is
ORDERED that the application is granted (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
MASTRO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court