INDUS PVR LLC V MAA-SHARDA, INC. ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL, AS

INDUS PVR LLC V MAA-SHARDA, INC. ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL, AS

Motion No: CA 15-00805

Slip Opinion No: 2015 NY Slip Op 74323(U)

Decided on May 22, 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.

May 22, 2015

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

DOCKET NO. CA 15-00805
DOCKET NO. CA 15-00806
DOCKET NO. CA 15-00807

INDUS PVR LLC, PLAINTIFF-RESPONDENT,
V
MAA-SHARDA, INC., DEFENDANT-APPELLANT, ROSHAN
HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL,
AS EXECUTOR/ADMINISTRATOR OF THE ESTATE OF VAJYABEN PATEL,
DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER CORP.,
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS.
(APPEAL NO. 1.)
INDUS PVR LLC, PLAINTIFF-RESPONDENT,
V
MAA-SHARDA, INC., DEFENDANT-APPELLANT, ROSHAN
HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL,
AS EXECUTOR/ADMINISTRATOR OF THE ESTATE OF VAJYABEN PATEL,
DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER CORP.,
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS.
(APPEAL NO. 2.)
INDUS PVR LLC, PLAINTIFF-RESPONDENT,
V
MAA-SHARDA, INC., DEFENDANT-APPELLANT, ROSHAN
HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL,
AS EXECUTOR/ADMINISTRATOR OF THE ESTATE OF VAJYABEN PATEL,
DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER CORP.,
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS.
(APPEAL NO. 3.)

Appellant having moved to consolidate the appeals taken herein from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Ontario on September 16, 2014 (appeal No. 1.), November 5, 2014 (appeal No. 2), and December 26, 2014 (appeal No. 3),

Now, upon reading and filing the affirmation of Frank A. Aloi, Esq., dated May 5, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the judgment and orders entered September 16, 2014, November 5, 2014, and December 26, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 22, 2015

Frances E. Cafarell, Clerk