Lucente v Riverbay Corp. (2007 NY Slip Op 08772)

Lucente v Riverbay Corp.

2007 NY Slip Op 08772 [45 AD3d 365]

November 13, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 16, 2008

John Lucente, Respondent,
v
Riverbay Corporation et al., Appellant, et al., Defendant. (And a Third-Party Action.)

—[*1] Armienti, DeBellis & Whiten, LLP, New York City (Vanessa M. Corchia of counsel), for appellant.

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for respondent.

Appeal, as limited by the briefs, from that part of the order of Supreme Court, Bronx County (Sallie Manzanet-Daniels, J.), entered on or about December 1, 2006, which denied defendants' motion to consolidate this action with another pending in Bronx County, unanimously dismissed, without costs, as moot.

This court dismissed Viera v Riverbay Corp. (44 AD3d 577 [1st Dept 2007]), the action with which defendants seek consolidation. Concur—Saxe, J.P., Marlow, Buckley, Catterson and McGuire, JJ.