Kingdom Assoc., Inc. v T.H.I. Props., Ltd.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
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 ). 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 23, 2012
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