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First & 91 LLC v. 1765 First Associates LLC

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 27, 2010

FIRST & 91 LLC, PLAINTIFF-RESPONDENT,
v.
1765 FIRST ASSOCIATES LLC, ET AL., DEFENDANTS, NEW YORK CRANE & EQUIPMENT CORP., DEFENDANT-APPELLANT. [AND A THIRD-PARTY ACTION]

Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered April 9, 2009, which, to the extent appealed as limited by the briefs, denied defendant New York Crane's motion to consolidate all pending and any future-filed actions arising out of the May 30, 2008 collapse of a crane, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J. P., Friedman, Nardelli, Acosta, Abdus-Salaam, JJ.

108543/08

According deference to the exercise of discretion by the trial court (see Geneva Temps, Inc. v New York World Communities, Inc., 24 AD3d 332, 334 [2005]), and recognizing the administrative order, issued after New York Crane had made this motion, we agree with the Supreme Court that consolidation at this point is premature.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100527

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