Anderson & Anderson LLP Guangzhou v North American Foreign Trading Corp. .

Motion No: M-5792

Slip Opinion No: 2018 NYSlipOp 62598(U)

Decided on January 30, 2018

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.

January 30, 2018

Anderson & Anderson LLP-Guangzhou,

et al.,

Plaintiff-Appellants-Respondents,

v

North American Foreign Trading Corp.,

Defendant-Respondent-Appellant.

Separate appeals having been taken to this Court by plaintiff from orders of the Supreme Court, New York County, entered on or about November 2, 2016 (mot. seq. nos. 012, 013), and a cross appeal having been taken by defendant (mot. seq. no. 013), and said appeals having been perfected (Cal #1700), And further appeals having been taken to this Court by plaintiff from orders of said Court entered on or about February 27, 2017 (mot. seq. no. 014)(Cal #1674); June 6, 2017 (mot. seq. no. 018)(Cal #2915); and September 25, 2017 (mot. seq. no. 021)(Cal #2669), and defendant having taken a cross appeal from the order entered on or about June 6, 2017 (mot. seq. no. 018), and said appeals having been perfected, And defendant-respondent-appellant having moved for dismissal of the aforesaid appeals, for leave to strike plaintiffs' record on appeal from the trial court's order dismissing the action, and for other relief, 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 denied. Plaintiffs' appeal from the order entered on or about September 25, 2017 (mot seq no. 021) is deemed to be an appeal from the final judgment entered on or about November 29, 2017. Sua sponte, all the appeals and cross appeals taken from the orders on mot. seq. nos. 12, 13, 14, 18, 19, and 21 are consolidated. All the briefs and appendices previously filed in this Court by plaintiffs are stricken, and plaintiffs are directed to file a single brief addressing said appeals, as well as the appeal from the final judgment entered November 20, 2017, on or before March 19, 2018 for the June 2018 Term, to which Term the perfected appeals are adjourned. Defendant is directed to perfect its appeal from the judgment entered November 29, 2017 for said June 2018 Term. The Clerk is directed to calendar all consolidated appeals and defendant's appeal to be heard together in said Term. ENTERED: January 30, 2017

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh,Justices

M-5792

Index No. 651010/11