Samaroo v Patmos Fifth Real Estate, Inc.
Motion No: 2011-08158
Slip Opinion No: 2011 NY Slip Op 87480(U)
Decided on October 21, 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

M127694

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-08158

Joseph Samaroo, et al., plaintiffs-respondents,

v Patmos Fifth Real Estate, Inc., defendant third-

party plaintiff-respondent-appellant, A.T.A.

Construction Corp., defendant-appellant-respondent,

Mazl Building, LLC, defendant-respondent-appellant,

et al., defendant; Rotavele Elevator, Inc.,

third-party defendant-appellant-respondent.

(Index No. 37170/06)

DECISION & ORDER ON MOTION

Motion by Rotavele Elevator, Inc., and ELS Contracting, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Kings County, dated June 30, 2011.

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

ORDERED that the motion is denied.

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court