It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
These consolidated appeals arise out of two actions involving the development of Berkley Square, a real estate subdivision owned by Berkley Square of Hamburg, Inc. (Berkley), a defendant in both actions. Berkley contracted with Tom Greenauer Development, Inc. (Greenauer), a defendant in action No. 1 and the plaintiff in action No....
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