Julio Encarnacion v 3361 Third Avenue Housing Development Fund Corporation 3361 Third Avenue

Motion No: M-3249

Slip Opinion No: 2019 NYSlipOp 77335(U)

Decided on August 13, 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.

August 13, 2019

Julio Encarnacion,

Plaintiff-Respondent,

v

3361 Third Avenue Housing Development

Fund Corporation, 3361 Third Avenue

Acquisition LLC, Strategic Construction

Corp., 3361 Third Avenue Partnership,

L.P.

Defendants-Appellants,

-and-

Peri Formwork Systems, Inc.,

Defendant-Respondent.

[And Third Party Actions]

Defendants-appellants having moved for a stay of trial pending hearing and determination of the perfected appeal taken from the order of the Supreme Court, Bronx County, entered on or about July 30, 2018, And an order of a Justice of this Court, dated July 1, 2019, having granted, on consent of all parties, an interim stay of trial, pending the hearing and determination of the motion, with no further adjournments 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 and the trial stayed pending the hearing and determination of the perfected appeal. ENTERED: August 13, 2019

_____________________ CLERK

PRESENT: Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3249

Index No. 304134/14