Kingdom Assoc., Inc. v T.H.I. Props., Ltd.

Kingdom Assoc., Inc. v T.H.I. Props., Ltd. 2012 NY Slip Op 01370 Decided on February 23, 2012 Appellate Division, First Department 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.
6901 105059/10

[*1]Kingdom Associates, Inc., Plaintiff-Appellant,

v

T.H.I. Properties, Ltd., Defendant-Respondent, John Doe No. "1," et al., Defendants.




Agovino & Asselta, LLP, Mineola (Robert C. Buff of counsel),
for appellant.
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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 23, 2012

CLERK