James Jonke v the Foot Locker Inc.

Motion No: M-1498

Slip Opinion No: 2019 NYSlipOp 69880(U)

Decided on May 9, 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.

May 9, 2019

James Jonke,

Plaintiff-Respondent,

v

The Foot Locker Inc.,

Defendant-Appellant,

The Boot Locker Inc.,

Defendant.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about March 18, 2019, And defendant-appellant having moved, pursuant to CPLR 5519(c), for a stay of the trial in this action pending hearing and determination of the 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 granted on condition the appeal is perfected for the October 2019 Term. ENTERED: May 9, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Anil C. Singh,Justices

M-1498

Index No. 111794/99