Lionel Nesbitt v Melrose Site D1 Houses Inc. .

Motion No: M-5627

Slip Opinion No: 2018 NYSlipOp 90521(U)

Decided on December 11, 2018

Appellate Division, First 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.

December 11, 2018

Lionel Nesbitt,

Plaintiff-Respondent,

v

Melrose Site D-1 Houses, Inc.,

Defendant-Appellant.

- - - - - - - - - - - - - -

Melrose Site D-1 Houses, Inc.,

Third-Party Plaintiff-Appellant,

v Index No. 80436/15

Madison Security Group, Inc.,

Third-Party Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about May 8, 2018, and said appeal having been perfected, And defendant/third-party plaintiff-appellant having moved for a stay of trial pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is denied. ENTERED: December 11, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Ellen Gesmer Cynthia S. Kern Peter H. Moulton,Justices

M-5627

Index No. 304707/13