Joel Del Rosario v Lexington Building Co. LLC and Winter Management Corp.

Motion No: M-89

Slip Opinion No: 2019 NYSlipOp 63989(U)

Decided on February 26, 2019

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.

February 26, 2019

Joel Del Rosario,

Plaintiff-Respondent,

v

Lexington Building Co. LLC and Winter

Management Corp.,

Defendants-Appellants.

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[And Third-Party Actions]

Defendants/third-party plaintiffs/second third-party plaintiffs-appellants having moved for a stay of trial pending hearing and determination of the perfected appeal taken from an order of the Supreme Court, Bronx County, entered on or about December 13, 2018, 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 and the interim relief granted by an order of a Justice of this Court, dated January 4, 2019, is hereby vacated.ENTERED: February 26, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-89

Index No. 305351/14