Travelers Ins. Co. v. Benderson Dev. Co.

Full title: TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO GULF…

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

Date published: Jan 29, 2015

2015 N.Y. Slip Op. 63115 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00122 DOCKET NO. CA 15-00123

01-29-2015

TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. BENDERSON DEVELOPMENT COMPANY, LLC., DANFB, LLC, BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON PROPERTIES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1) TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. BENDERSON DEVELOPMENT COMPANY, LLC., DANFB, LLC, BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON PROPERTIES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Appellants having moved to consolidate the appeals taken herein from an order (appeal No. 1) and a judgment (appeal No. 2) of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2014,

Now, upon reading and filing the affirmation of Leo C. Kellett, Esq., dated January 15, 2015, the notice of motion with proof of service thereof, and the affirmation of Abe M. Rychik, Esq., dated January 21, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the order and the judgment entered August 25, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 29, 2015

Frances E. Cafarell, Clerk