| Gucciardi v Huguenot Properties, Inc. |
| Motion No: 2013-00669 |
| Slip Opinion No: 2013 NY Slip Op 72831(U) |
| Decided on May 6, 2013 |
| 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
M155854
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2013-00669 Veronica Gucciardi, et al., plaintiffs-respondents, v Huguenot Properties, Inc., defendant-respondent, New Chopsticks House, Inc., defendant third-party plaintiff-appellant; Subway Real Estate Corp., etc., et al., third-party defendants-respondents. (Index No. 100985/11)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered March 29, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court