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CASA REDIMIX v. WESTWAY INDUS

13891/2001.

31 Misc.3d 549 (2010)

915 N.Y.S.2d 783

CASA REDIMIX CONCRETE CORP., Plaintiff, v. WESTWAY INDUSTRIES INC. et al., Defendants.

Supreme Court, Bronx County.

Decided June 10, 2010.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York City ( Kevin J. O'Connor of counsel), for plaintiff.

Greenberg Traurig, LLP, New York City ( James W. Perkins of counsel), for Hunts Point Cooperative Market, Inc., defendant.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

This action arises from the construction of a refrigerated warehouse at the Hunts Point Cooperative Market in Bronx County. In response to plaintiff's motion to consolidate this action with a related action by plaintiff (Casa Redimix Concrete Corp. v United States Fid. & Guar. Co., Sup Ct, Bronx County, index No. 24960/2005...

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