Keller v Kruger
Motion No: 2013-05775
Slip Opinion No: 2013 NY Slip Op 88427(U)
Decided on October 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M163811

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-05775

Robert W. Keller, et al., respondents,

v Douglas Kruger, et al., defendants,

Lockwood, Kessler & Bartlett, Inc., defendant

third-party plaintiff-respondent-appellant;

Tully Construction Co., Inc., third-party

defendant-appellant-respondent.

(Index No. 30815/08)

DECISION & ORDER ON MOTION

Motion by Lockwood, Kessler & Bartlett, Inc., to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 14, 2013.

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.

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court