| DARRYL L. MACKAY V 155 EAST MAIN ST., LLC |
| Motion No: CA 19-01071 |
| Slip Opinion No: 2019 NY Slip Op 86618(U) |
| Decided on December 13, 2019 |
| 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: SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
CA 19-01071
CA 19-01649
| DARRYL L. MACKAY, PLAINTIFF, ET AL., PLAINTIFFS, V 155 EAST MAIN ST.,
LLC, DEFENDANT, ET AL., DEFENDANTS. 155 EAST MAIN ST., LLC, THIRD-PARTY PLAINTIFF-RESPONDENT, V DHD VENTURES
MANAGEMENT COMPANY, INC., THIRD-PARTY DEFENDANT, COMFORT SYSTEMS USA (SYRACUSE), INC., DOING BUSINESS AS BILLONE MECHANICAL
CONTRACTORS, THIRD-PARTY DEFENDANT-APPELLANT. (Appeal No. 1.) DARRYL L. MACKAY, PLAINTIFF, ET AL., PLAINTIFFS, V 155 EAST MAIN
ST., LLC, DEFENDANT, ET AL.,
DEFENDANTS. ———————————————————&m
dash;——————- 155 EAST MAIN ST., LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V DHD VENTURES MANAGEMENT
COMPANY, INC., THIRD-PARTY DEFENDANT, COMFORT SYSTEMS USA (SYRACUSE), INC, DOING BUSINESS AS BILLONE MECHANICAL CONTRACTORS, THIRD-PARTY
DEFENDANT-RESPONDENT. (Appeal No. 2.) |
Appellant 155 East Main Street, LLC having moved to adjourn oral argument of appeal No. 1 for the purpose of being heard with appeal No. 2 (denominated motion to consolidate the appeals for argument)on the appeals taken herein from orders of the Supreme Court, Monroe County, entered April 1, 2019, and August 7, 2019,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, to the extent that appeal No. 1 is removed from the day calendar of January 16, 2020, and added to the day calendar of February 24, 2020.
Entered: December 13, 2019
Mark W. Bennett
Clerk of the Court