| Otis Elevator Company v 90 Pinehurst, LLC |
| Motion No: 2014-09851 |
| Slip Opinion No: 2014 NY Slip Op 90779(U) |
| Decided on November 24, 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. |
Appellate Division: Second Judicial Department
M183263
E/sl
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-09851 Otis Elevator Company, respondent, v 90 Pinehurst, LLC, appellant, et al., defendant. (Index No. 11-53921)
| DECISION & ORDER ON MOTION |
Motion by 90 Pinehurst, LLC, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated October 24, 2014, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a][2]); and it is further,
ORDERED that on or before December 9, 2014, 90 Pinehurst, LLC, must file a notice of appeal and file proof of filing with this Court (see CPLR 5514[a]); and it is further,
ORDERED that the motion is otherwise denied.
HALL, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court