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FIRST & 91 LLC v. 1765 FIRST ASSOCIATES LLC

2905, 108543/08

73 A.D.3d 663 (2010)

900 N.Y.S.2d 870

FIRST & 91 LLC, Respondent, v. 1765 FIRST ASSOCIATES LLC et al., Defendants, and NEW YORK CRANE & EQUIPMENT CORP., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 27, 2010.

According deference to the exercise of discretion by the trial court (see Geneva Temps, Inc. v New World Communities, Inc., 24 A.D.3d 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...

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