6115 NIAGARA FALLS BOULEVARD, LLC, V CALAMAR CONSTRUCTION MANAGEMENT, INC., . 6115 NIAGARA FALLS BOULEVARD, LLC V
Motion No: CA 20-00030
Slip Opinion No: 2020 NY Slip Op 67746(U)
Decided on May 19, 2020
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.


May 19, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 20-00030
CA 20-00044

6115 NIAGARA FALLS BOULEVARD, LLC,

PLAINTIFF-APPELLANT-RESPONDENT,

V

CALAMAR CONSTRUCTION MANAGEMENT, INC.,

DEFENDANT-RESPONDENT-APPELLANT.

6115 NIAGARA FALLS BOULEVARD, LLC, PLAINTIFF-APPELLANT,

V

CALAMAR CONSTRUCTION MANAGEMENT, INC., DEFENDANT-RESPONDENT.


Plaintiff having moved to consolidate the appeals taken herein from orders of the Supreme Court, Niagara County, entered December 16, 2019, and January 3, 2020, and plaintiff having moved and defendant having cross-moved for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion is granted, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that plaintiff's appeals are timely perfected, and

It is further ORDERED that defendant's cross motion is denied.

Entered: May 19, 2020

Mark W. Bennett

Clerk of the Court