GRAZIANO v. MEDFORD PLAZA ASSOCIATES, LTD.


2 A.D.3d 401 (2003)

769 N.Y.S.2d 546

GUY GRAZIANO et al., Appellants, v. MEDFORD PLAZA ASSOCIATES, LTD., et al., Defendants, and 210 WEST 29TH STREET CORP., Respondent. (Action No. 1.) AMERICAN CASUALTY COMPANY, as Assignee of GUY GRAZIANO, Respondent, v. MEDFORD PLAZA ASSOCIATES, LTD., et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 2003.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the plaintiff in Action No. 2 which was to dismiss Action No. 1, substituting therefor a provision denying that branch of the cross motion, and adding thereto a provision consolidating the actions; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

On April 3, 1997, the plaintiff Guy Graziano, an...

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