Chilinksi v LMJ Contracting, Inc.
Motion No: 2014-05438
Slip Opinion No: 2014 NY Slip Op 90237(U)
Decided on November 19, 2014
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

M183035

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-05438

Marek Chilinksi, plaintiff,

v LMJ Contracting, Inc., defendant,

United Baking Co., Inc., doing business

as Uncle Wally's Dunbar System, defendant

third-party plaintiff-appellant, Dunbar

Systems, Inc., et al., defendants

third-party defendants-respondents.

(Index No. 47489/09)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant, inter alia, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 14, 2014.

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

ORDERED that the branch of the motion which is to stay the trial on the issue of damages is granted, and the trial on the issues of damages in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court