Tillotson v. Claas of Am., Inc.

Full title: DOUG H. TILLOTSON AND TINA TILLOTSON, PLAINTIFFS-APPELLANTS, v. CLAAS OF…

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

Date published: Dec 5, 2017

2017 N.Y. Slip Op. 94847 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-02035 DOCKET NO. CA 17-02036

12-05-2017

DOUG H. TILLOTSON AND TINA TILLOTSON, PLAINTIFFS-APPELLANTS, v. CLAAS OF AMERICA, INC., ET AL., DEFENDANTS, LAMB & WEBSTER, INC., DEFENDANT-RESPONDENT. LAMB & WEBSTER, INC., THIRD-PARTY PLAINTIFF, v. TITAN ENTERPRISES WYOMING, LLC, AND CALKINS FARM, LLC, THIRD-PARTY DEFENDANTS. CLAAS OF AMERICA, INC., THIRD-PARTY PLAINTIFF, v. TITAN ENTERPRISES WYOMING, LLC, AND CALKINS FARM, LLC., THIRD-PARTY DEFENDANTS. (APPEAL NO. 1.) DOUG H. TILLOTSON AND TINA TILLOTSON, PLAINTIFFS-APPELLANTS, v. CLAAS OF AMERICA, INC., ET AL., DEFENDANTS, LAMB & WEBSTER, INC., DEFENDANT-RESPONDENT. LAMB & WEBSTER, INC., THIRD-PARTY PLAINTIFF, v. TITAN ENTERPRISES WYOMING, LLC, AND CALKINS FARM, LLC, THIRD-PARTY DEFENDANTS. CLAAS OF AMERICA, INC., THIRD-PARTY PLAINTIFF, v. TITAN ENTERPRISES WYOMING, LLC, AND CALKINS FARM, LLC., THIRD-PARTY DEFENDANTS. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellants having moved, pursuant to CPLR 5519 (c), for a discretionary stay of enforcement of the orders taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 18, 2017, and having moved to consolidate the appeals, and respondent having moved to dismiss appeal No. 1 on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of John A. Collins, Esq., sworn to November 21, 2017, and November 29, 2017, the notices of motion with proof of service thereof, and the affidavits of Kenneth L. Bostick, Jr., Esq., sworn to November 21, 2017, and November 30, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion insofar as it seeks a stay is denied, and

It is further ORDERED that appellants' motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered April 18, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that respondent's motion insofar as it seeks to dismiss appeal No. 1, is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 2, 2018.

Entered: December 5, 2017

Mark W. Bennett, Clerk