Gerald Rosengarten v Richard Born Sean MacPherson Eric Goode Ira Drukier and Sire Hotel

Motion No: M-4502

Slip Opinion No: 2017 NYSlipOp 91175(U)

Decided on November 2, 2017

Appellate Division, First 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.

November 2, 2017

Gerald Rosengarten,

Plaintiff-Respondent,

v

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC,

Defendants-Appellants.

Ruandro, LLC, Plaintiff-Appellant, v Index No. 651148/14

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC, Defendants-Respondents.

----------------------------------------x

Gerald Rosengarten, derivatively on

behalf of Three on Third, LLC, Plaintiff-Appellant, v

Richard Born, Sean MacPherson, Eric Index No. 651149/14

Goode, Ira Drukier and Sire Hotel

Company, LLC, and Woodcutters Realty

Corp., Defendants-Respondents, -and-

Three on Third, LLC, Nominal Defendant-Respondent.

----------------------------------------x Three appeals having been taken to this Court by defendants-appellants from an order of the Supreme Court, New York County, all entered on or about May 19, 2017, and said appeals having been perfected, And defendants-appellants having moved for consolidation of the three aforesaid appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted, on consent, to the extent of permitting appellants to prosecute the consolidated appeals upon 9 copies of one record and one set of appellants points covering the consolidated appeals. (See M-5382, decided simultaneously herewith.) ENTERED: November 2, 2017

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-4502

Index No. 651147/14