McCalla v Fortusa Realty Corp.
Motion No: 2022-04460
Slip Opinion No: 2024 NY Slip Op 75921(U)
Decided on October 7, 2024
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M299790

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2022-04460, 2022-10560

Eduardo McCalla, plaintiff-respondent,

v Fortusa Realty Corp., et al., defendants,

R & L Construction, Inc., defendant-respondent,

US Crane & Rigging, LLC, appellant

(and a third-party action).

(Index No. 513887/2015)

DECISION & ORDER ON MOTION

2023-07599

Eduardo McCalla, plaintiff-respondent,

v Fortusa Realty Corp., et al., defendants,

R & L Construction, Inc., defendant-respondent,

US Crane & Rigging, LLC, appellant

(and a third-party action).

(Index No. 513887/2015)

Appeals from three orders of the Supreme Court, Kings County, dated April 29, 2022, December 12, 2022, and June 12, 2023, respectively. Motion by the appellant to consolidate the appeals from the orders dated April 29, 2022, and December 12, 2022, with the appeal from the order dated June 12, 2023.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated April 29, 2022, and December 12, 2022, will be calendared together with the appeal from the order dated June 12, 2023, and the appeals will be argued or submitted on the same date.

LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court