TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY V BENDERSON DEVELOPMENT
Motion No: CA 15-00122
Slip Opinion No: 2015 NY Slip Op 63115(U)
Decided on January 29, 2015
Appellate Division, Fourth 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.


January 29, 2015

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 15-00122
DOCKET NO. CA 15-00123

TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY

MERGER TO GULF INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

V

BENDERSON DEVELOPMENT COMPANY, LLC., DANFB, LLC,

BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON

PROPERTIES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 1.)

TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST

BY MERGER TO GULF INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

V

BENDERSON DEVELOPMENT COMPANY, LLC., DANFB, LLC,

BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON

PROPERTIES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 2.)


Appellants having moved to consolidate the appeals taken herein from an order (appeal No. 1) and a judgment (appeal No. 2) of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2014,

Now, upon reading and filing the affirmation of Leo C. Kellett, Esq., dated January 15, 2015, the notice of motion with proof of service thereof, and the affirmation of Abe M. Rychik, Esq., dated January 21, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the order and the judgment entered August 25, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 29, 2015

Frances E. Cafarell, Clerk