Nieves v Lipman
Motion No: 2018-01614
Slip Opinion No: 2018 NY Slip Op 70261(U)
Decided on April 20, 2018
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

M249052

E/rr

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2018-01614

Manuel Nieves, plaintiff-respondent,

v Monte S. Lipman, et al., defendants-respondents,

Robertson Construction, Inc., et al., defendants third-

party plaintiffs-appellants, Robertson Constructing, I

defendant second third-party plaintiff-appellant;

Carlos Plastering, Inc., third-party defendant-respond

Centro Construction, LLC, second third-party defend

respondent.

(Index No. 64994/14)

DECISION & ORDER ON MOTION




nc.,

ent;
ant

2018-01621

Manuel Nieves, respondent-appellant,

v Monte S. Lipman, et al., defendants-respondents,

Robertson Construction, Inc., et al., defendants third-

party plaintiffs-appellants-respondents, Robertson

Constructing, Inc., defendant second third-party

plaintiff-appellant-respondent; Carlos Plastering, Inc.,

third-party defendant-respondent; Centro Construction,

LLC, second third-party defendant-respondent.

(Index No. 64994/14)

Motion by Robertson Construction, Inc., Robertson Contracting, Inc., and Bryan Robertson 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, dated December 29, 2017, and an appeal and cross appeal from an order of the same court also dated December 29, 2017, and to consolidate the appeals and cross 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 to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeal under Appellate Division Docket No. 2018-01614 may be consolidated with the appeal and cross appeal under Appellate Division Docket No. 2018-01621 as of right (see 22 NYCRR 670.7[c][1]).

CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court