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BARASKIEWICZ v. MEGA BUILDERS, INC.

27 A.D.3d 501 (2006)

813 N.Y.S.2d 147

SLAWOMIR BARASKIEWICZ et al., Plaintiffs, v. MEGA BUILDERS, INC., Defendant and Third-Party Plaintiff-Respondent. TRI-STATE ENVIRONMENTAL CONTRACTING, INC., Third-Party Defendant; SAFEWAY STEEL PRODUCTS, INC., Third-Party Defendant-Appellant.

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

March 14, 2006.

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 A.D.3d 612

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