Daniel J. McManus et al. v the Athena Group L.L.C. et al.

Motion No: M-4232

Slip Opinion No: 2017 NYSlipOp 91198(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

Daniel J. McManus, et al.,

Plaintiffs-Respondents,

v

The Athena Group, L.L.C., et al.,

Defendants-Appellants. - - - - - - - - - - - - - - - -The Athena Group, L.L.C., et al.,

Third-Party Plaintiffs-Appellants,

v

Port Morris Tile & Marble, Corp.,

Third-Party Defendant-Respondent.

Two appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 20, 2016,And defendants/third-party plaintiffs-appellants having moved for consolidation of the 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 to the extent of permitting the two moving appellants leave to prosecute the consolidated appeals upon 9 copies of one record and one set of points covering the consolidated appeals. The attention of the

parties is directed to 22 NYCRR § 600.11. The time to perfect the consolidated appeals is enlarged to the February 2018 Term. ENTERED: November 2, 2017

_____________________ CLERK

PRESENT:Hon. Richard T. Andrias,Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-4232

Index No. 113868/09