Opinion
Motion No. 2023-02615 Index Nos. 650426/18150583/18 Case Nos. 2023-00167 2023-00170
07-27-2023
2480 Grand Concourse Fitness Group, LLC, doing business as Planet Fitness, Plaintiff-Respondent, v. Wagner Associates LLC, Defendant-Appellant. Wagner Associates LLC, Plaintiff-Appellant, v. PFNY, LLC, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Cynthia S. Kern, Jeffrey K. Oing, Peter H. Moulton, Justices.
Appeals having been taken to this Court from an order of the Supreme Court, New York County in the action with Index No. 650426/18, entered on or about December 09, 2022 (Case No. 2023-00167) and from an order of the Same Court in the action with Index No. 150583/18, entered on or about December 09, 2022 (Case No. 2023-00170), And defendant/plaintiff-appellant having moved for consolidation of the aforesaid appeals, 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 to the extent of directing the Clerk of this Court to calendar the appeal under Case No. 2023-00167 and the appeal under Case No. 2023-00170 to be heard together on the same date, if same are perfected for the same Term (Rule 1250.9[f][4]. Sua sponte, the time to perfect both appeals is extended to the December 2023 Term of this Court.