Baraskiewicz v. Mega Builders, Inc.

Appellate Division of the Supreme Court of New York

Baraskiewicz v. Mega Builders, Inc.

27 A.D.3d 501, 813 N.Y.S.2d 147

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 2006

StatusPublished

This text of 27 A.D.3d 501 (Baraskiewicz v. Mega Builders, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baraskiewicz v. Mega Builders, Inc., 27 A.D.3d 501, 813 N.Y.S.2d 147 (N.Y. Ct. App. 2006).

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Opinion

In a consolidated action to recover damages for personal injuries, etc., the third-party defendant Safeway Steel Products, Inc., appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated March 16, 2005, which granted the motion of the defendant third-party plaintiff, Mega Builders, Inc., to consolidate the two original actions.

Ordered that the appeal is dismissed, without costs or disbursements.

The appellant was not a party at the time that Mega Builders, Inc., moved to consolidate the two original actions, and the appellant did not submit opposition to the motion to consolidate. Accordingly, this appeal must be dismissed (see CPLR 5511; Matter of Fotiades, 6 AD3d 612 [2004]). Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.

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In a consolidated action to recover damages for personal injuries, etc., the third-party defendant Safeway Steel Products, Inc., appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated March 16, 2005, which granted the motion of the defendant third-party plaintiff, Mega Builders, Inc., to consolidate the two original actions.

Ordered that the appeal is dismissed, without costs or disbursements.

The appellant was not a party at the time that Mega Builders, Inc., moved to consolidate the two original actions, and the appellant did not submit opposition to the motion to consolidate. Accordingly, this appeal must be dismissed (see CPLR 5511; Matter of Fotiades, 6 AD3d 612 [2004]). Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.

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Bluebook (online)

27 A.D.3d 501, 813 N.Y.S.2d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baraskiewicz-v-mega-builders-inc-nyappdiv-2006.

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