| Sumba v Small |
| Motion No: 2016-08450 |
| Slip Opinion No: 2016 NY Slip Op 93782(U) |
| Decided on December 8, 2016 |
| 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
M222601
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2016-08450 Freddy Sumba, plaintiff-respondent, v David Small, et al., defendants third-party plaintiffs-respondents, Comstock Residential Contracting, LLC, defendant second third-party plaintiff-appellant-respondent, Robert Carducci, doing business as RMC Excavation & Blacktop, defendant-respondent; Custom Designs Landscaping, Ltd., third-party/second third-party defendant-respondent-appellant. (Index No. 50558/12)
| DECISION & ORDER ON MOTION |
Motion by the defendant second third-party plaintiff-appellant-respondent 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, Westchester County, dated July 7, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court