Reich v Malcolm Pirnie, Inc.
Motion No: 2009-10717
Slip Opinion No: 2011 NY Slip Op 90779(U)
Decided on November 25, 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

M129395

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2009-10717, 2010-02630

Murray Reich, et al., respondents,

v Malcolm Pirnie, Inc., et al., defendants

third-party plaintiffs-appellants-respondents,

AFC Enterprises, Inc., defendant-respondent;

CSM Engineering, P.C., third-party defendant-

respondent-appellant, et al., third-party

defendant.

(Index No. 06-7350)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants-respondents 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, Westchester County, dated October 2, 2009, and an appeal from an order of the same court dated January 18, 2010.

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

ORDERED that the motion is denied.

MASTRO, J.P., HALL, SGROI and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court