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Hanover Ins. Co. v. Man O'Trees, Inc.

Appellate Division of the Supreme Court of the State of New York
Apr 5, 2018
2018 N.Y. Slip Op. 68947 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-00432 DOCKET NO. CA 18-00391 DOCKET NO. CA 18-00392

04-05-2018

THE HANOVER INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MAN O'TREES, INC., ET AL., DEFENDANTS. THE HANOVER INSURANCE COMPANY, THIRD-PARTY PLAINTIFF-RESPONDENT, ET AL., THIRD-PARTY PLAINTIFF, v. ERIC R. WHITE AND ERW ENTERPRISES, INC., THIRD-PARTY DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) THE HANOVER INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MAN O'TREES, INC., ET AL., DEFENDANTS. THE HANOVER INSURANCE COMPANY, THIRD-PARTY PLAINTIFF-RESPONDENT, ET AL., THIRD-PARTY PLAINTIFF, v. ERIC R. WHITE AND ERW ENTERPRISES, INC., THIRD-PARTY DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) THE HANOVER INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MAN O'TREES, INC., ET AL., DEFENDANTS. THE HANOVER INSURANCE COMPANY, THIRD-PARTY PLAINTIFF-RESPONDENT, ET AL., THIRD-PARTY PLAINTIFF, v. ERIC R. WHITE AND ERW ENTERPRISES, INC., THIRD-PARTY DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)


PRESENT:

Appellants having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 13, 2017 (appeal No. 1), and February 16, 2018 (appeal Nos. 2 and 3), and having moved for a discretionary stay of enforcement of the order and the judgment entered February 16, 2018,

Now, upon reading and filing the affidavit of Gerald T. Walsh, Esq., sworn to March 7, 2018, the notice of motion with proof of service thereof, and the affirmation of David L. Rasmussen, Esq., dated March 15, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders and judgment entered December 13, 2017, and February 16, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED the motion insofar as it seeks a stay is denied without prejudice to an application in Supreme Court pursuant to CPLR 5519 (a) (2), (4).

Entered: April 5, 2018

Mark W. Bennett, Clerk


Summaries of

Hanover Ins. Co. v. Man O'Trees, Inc.

Appellate Division of the Supreme Court of the State of New York
Apr 5, 2018
2018 N.Y. Slip Op. 68947 (N.Y. App. Div. 2018)
Case details for

Hanover Ins. Co. v. Man O'Trees, Inc.

Case Details

Full title:THE HANOVER INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MAN O'TREES, INC.…

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

Date published: Apr 5, 2018

Citations

2018 N.Y. Slip Op. 68947 (N.Y. App. Div. 2018)