| Kingdom Assoc., Inc. v T.H.I. Props., Ltd. |
| 2012 NY Slip Op 01370 [92 AD3d 592] |
| February 23, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kingdom Associates, Inc., Appellant, v T.H.I. Properties, Ltd., Respondent, et al., Defendants. |
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Silverman Sclar Shin & Byrne PLLC, New York (Thomas Hunter Herndon, Jr. of counsel),
for respondent.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 17, 2011, which granted defendant T.H.I. Properties, Ltd.'s (defendant) motion to stay this action, pursuant to CPLR 2201, pending the outcome of an earlier filed action, unanimously affirmed, without costs.
The motion court applied the proper standard for a stay (see Buzzell v Mills, 32 AD2d 897 [1969]). The instant parties are both parties to the prior action, and defendant's cross claims against plaintiff in that action allege that plaintiff was negligent in performing the construction services for which it seeks payment in this action. Concur—Tom, J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.