Milton Goya v Longwood Housing Development Fund Company 43017/16E Inc. A.A.D. Construction Corp. and 43120/16E

Motion No: M-2534

Slip Opinion No: 2020 NYSlipOp 71676(U)

Decided on September 17, 2020

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.

September 17, 2020

Milton Goya,

Plaintiff-Respondent,

v

Longwood Housing Development Fund Company, 43017/16E

Inc., A.A.D. Construction Corp., and 43120/16E

Melcara Corp., 43142/16E

Defendants-Respondents-Appellants. 43252/16E

43282/16E

Longwood Housing Development Fund Company, Inc., Third-Party Plaintiff-Respondent-Appellants, v

Triboro Maintenance Corporation and

Aim Construction of NY Inc., Third-Party Defendants-Respondents-Appellants.

-----------------------------------------------X

Triboro Maintenance Corporation, Second Third-Party Plaintiff-Respondent- Appellant, v

Clark & Wilkins Industries, Inc., Second Third-Party Defendant- Respondent-Appellant.

-----------------------------------------------X

Longwood Housing Development Fund

Company, Inc., Third Third-Party Plaintiff-Appellant, v

Clark & Wilkins Industries, Inc., Third Third-Party Defendant-Respondent- Appellants

-----------------------------------------------X

-----------------------------------------------X

Clark & Wilkins Industries, Inc., Fourth Third-Party Plaintiff-Respondent- Appellant, v

Cross Contracting, Inc. and Cross

Contracting Corp., Fourth Third-Party Defendants-Appellants.

-----------------------------------------------X Longwood Housing Development Fund

Company , Inc. , Fifth Third-Party Plaintiff-Respondent- Appellant, v

Cross Contracting, Inc. and Cross

Contracting Corp., Fifth Third-Party Defendants-Appellants.

-----------------------------------------------X Appeals having been taken to this Court by fourth and fifth third-party defendants Cross Contracting, Inc. and Cross

Contracting Corp. from orders of the Supreme Court, Bronx County, entered on or about June 5, 2019 and June 6, 2019, and a judgment of the same court, entered on or about July 3, 2019 (Case Nos. 2019-22658, 2019-22659, 2019-05531), and said appeals having been perfected, And an appeal having been taken to this Court by defendant A.A.D. Construction Corp. from an order of the same court entered June 5, 2019 (Case No. 2019-22660), and the appeal having been perfected, And an appeal having been taken to this court by third-party defendant AIM Construction of NY, Inc. from an order of the same court entered June 5, 2019 (Case No. 2019-05532), and the appeal having been perfected,And appeals having been taken by fourth and fifth third-party defendants Cross Contracting, Inc. and Cross Contracting Corp., defendant A.A.D. Construction Corp., defendant Melcara Corp., third-party defendant/second third plaintiff, Triboro Maintenance Corp. and defendant/third third party plaintiff Longwood Housing Development Fund Company, Inc. from an order of

the same court entered on or about June 5, 2019 (Case Nos. 2019-22657), and said appeals having been perfected, And an appeal having been taken by second and third-party/defendant/fourth third party plaintiff Clark & Wilkins Industries, Inc., from an order of the same court, entered on or about June 5, 2019 (Case No. 2020-00297), and the appeal having been perfected, And fourth and fifth party defendant-appellant, Cross Contracting, Inc. having moved for an order consolidating the aforesaid appeals for the purposes of oral argument and decision, 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 granted and the Clerk is directed to calendar the aforesaid appeals to be heard together on the same date of the December 2020 Term. ENTERED: SEPTEMBER 17, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2534

Index Nos. 23359/14E