Broadway Warehouse Co. v. Empire Diagnostics, Inc.

Full title: BROADWAY WAREHOUSE COMPANY, PLAINTIFF-APPELLANT-RESPONDENT, v. EMPIRE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 23, 2016

2016 N.Y. Slip Op. 74570 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-02040 DOCKET NO. CA 16-00220

05-23-2016

BROADWAY WAREHOUSE COMPANY, PLAINTIFF-APPELLANT-RESPONDENT, v. EMPIRE DIAGNOSTICS, INC., AND EBD MANAGEMENT, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS; ET AL., DEFENDANTS. (APPEAL NO. 1.) BROADWAY WAREHOUSE COMPANY, PLAINTIFF-RESPONDENT, v. BUFFALO BARN BOARD, LLC, ET AL., DEFENDANTS, AND DAVID R. PFALZGRAF, JR., DEFENDANT-APPELLANT. (APPEAL NO. 2.)

CENTRA, J.P., LINDLEY, CURRAN, TROUTMAN, AND SCUDDER, JJ.

PRESENT:

Plaintiff having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2015,

Now, upon reading and filing the affidavit of J. Michael Lennon, Esq., sworn to May 12, 2016, the notice of motion with proof of service thereof, and the affirmation of Bradley A. Hoppe, Esq., dated May 19, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the order entered March 30, 2015, are hereby consolidated and are to be heard and determined together on the day calendar of this Court for September 7, 2016.

Entered: May 23, 2016

Frances E. Cafarell, Clerk