| BROADWAY WAREHOUSE COMPANY, V EMPIRE DIAGNOSTICS, INC., AND EBD MANAGEMENT, LLC, ; BROADWAY WAREHOUSE COMPANY V |
| Motion No: CA 15-02040 |
| Slip Opinion No: 2016 NY Slip Op 74570(U) |
| Decided on May 23, 2016 |
| 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. |
PRESENT: CENTRA, J.P., LINDLEY, CURRAN, TROUTMAN, AND SCUDDER, JJ.
DOCKET NO. CA 15-02040
DOCKET NO. CA 16-00220
| BROADWAY WAREHOUSE COMPANY,
PLAINTIFF-APPELLANT-RESPONDENT, V EMPIRE DIAGNOSTICS, INC., AND EBD MANAGEMENT, LLC,
DEFENDANTS-RESPONDENTS-APPELLANTS; ET AL., DEFENDANTS. (APPEAL NO. 1.) BROADWAY WAREHOUSE COMPANY,
PLAINTIFF-RESPONDENT, V BUFFALO BARN BOARD, LLC, ET AL., DEFENDANTS, AND DAVID R. PFALZGRAF, JR., DEFENDANT-APPELLANT.
(APPEAL NO. 2.) |
Plaintiff having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2015,
Now, upon reading and filing the affidavit of J. Michael Lennon, Esq., sworn to May 12, 2016, the notice of motion with proof of service thereof, and the affirmation of Bradley A. Hoppe, Esq., dated May 19, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals from the order entered March 30, 2015, are hereby consolidated and are to be heard and determined together on the day calendar of this Court for September 7, 2016.
Entered: May 23, 2016
Frances E. Cafarell, Clerk