Live Nation Marketing Inc. Live Nation v Greenwich Insurance Company XL Specialty Insurance Company and

Motion No: M-6922

Slip Opinion No: 2019 NYSlipOp 82136(U)

Decided on October 17, 2019

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.

October 17, 2019

Live Nation Marketing, Inc., Live Nation

Worldwide, Inc., and Westchester Fire

Insurance Company,

Plaintiffs-Appellants-Respondents,

v

Greenwich Insurance Company, XL

Specialty Insurance Company, and

XYZ Companies 1-5, said names being

fictitious except the same are

identified as insurers of Best Buy,

Defendants-Respondents-Appellants.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about

July 24, 2018 and an appeal having been taken by plaintiffs

from an order of the same Court and Justice entered on or about July 17, 2019, And defendants-respondents-appellants having moved to dismiss the appeal taken from the order entered on or about

July 24, 2018 or, in the alternative, to consolidate 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 that branch of the motion seeking dismissal of the appeal taken from the order entered on or about

July 24, 2018 is denied, the appeal from that order reinstated, and the time to perfect the appeal and cross appeal from that order is enlarged to the April 2020 Term. It is further ordered

that the branch of the motion seeking consolidation of the aforesaid appeals is denied as unnecessary as the appeals may be consolidated as of right (see, 22 NYCRR 1250.9[f][3]).ENTERED: October 17, 2019

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-6922

Index No. 655784/16