Largo-Chicaiza v Westchester Scaffold Equipment Corp.
Motion No: 2011-05479
Slip Opinion No: 2011 NY Slip Op 83767(U)
Decided on September 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M125787

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-05479

Jorge Largo-Chicaiza, plaintiff, v Westchester

Scaffold Equipment Corp., defendant, Vermont

Slate Roof Co., et al., defendants third-party

plaintiffs-respondents, Salvatore Sanzo, defendant

third-party defendant-appellant.

(Index No. 9826/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the third-party cause of action for common law indemnification in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered April 26, 2011.

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 the motion is granted, and the trial of the third-party cause of action for common law indemnificiation in the above-entitled action is stayed pending hearing and determination of the appeal.

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court