
    Kingdom Associates, Inc., Appellant, v T.H.I. Properties, Ltd., Respondent, et al., Defendants.
    [938 NYS2d 801]
   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.E, Friedman, Sweeny, Moskowitz and DeGrasse, JJ.  