Wazadally v Simon Property Group, Inc.
Motion No: 2017-04855
Slip Opinion No: 2018 NY Slip Op 72694(U)
Decided on May 17, 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

M250242

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-04855

Afmat Wazadally, plaintiff, v Simon Property

Group, Inc., defendant-appellant, Chipotle

Mexican Grill, Inc., et al., respondents;

Retail Property Trust, nonparty-appellant

(and a third-party action).

(Index No. 1064/15)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and nonparty-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 8, 2017.

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

ORDERED that the motion is denied.

BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court