Opinion
Motion No: M-4141
09-12-2017
Manuel Guaman, as Administrator of the Estate of Luis Antonio Guaman, deceased, Plaintiff-Appellant-Respondent, v. The City of New York, Defendant-Respondent-Appellant, D'Onofrio General Contractors Corp., Defendant-Respondent-Appellant, D'Onofrio General Contractors Corp., Third-Party Plaintiff-Respondent- Appellant, v. Yukon Enterprises, Inc., Third-Party Defendant-Appellant-Respondent. Yukon Enterprises, Inc., Second Third-Party Plaintiff-Respondent-Appellant, v. Diego Construction, Inc., Second Third-Party Defendant-Appellant-Respondent.
Appeals and cross appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about April 19, 2016 and June 29, 2017, and an appeal from the order entered on or about April 19, 2016 having been perfected, And defendants City of New York and D'Onofrio General Contractors Corp. having moved for consolidation of the aforesaid appeals and cross appeals, for leave to file a supplemental joint record on appeal for the order entered on or about April 19, 2016 to include all necessary documents for the appeal from the order entered on or about June 29, 2017, 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 consolidating the appeals and cross appeal taken from both orders, which are to be perfected for the January 2018 Term, and adjourning the perfected appeal from the order entered on or about April 19, 2016 to the January 2018 Term. Plaintiff is permitted to file a second appellant's brief from the order entered on or about June 29, 2017, and the parties are granted leave to file a joint supplemental record on appeal from the latter order.
ENTERED: September 12, 2017
_____________________ CLERK
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-4141
Index No. 150047/14