CANTALUPO CONSTR. CORP. v. 2319 RICHMOND TERRACE CORP.

2011-09074.

96 A.D.3d 706 (2012)

945 N.Y.S.2d 755

2012 NY Slip Op 4310

CANTALUPO CONSTRUCTION CORP., Appellant, v. 2319 RICHMOND TERRACE CORP., Respondent.

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

June 6, 2012.


Ordered that the order is reversed insofar as appealed from, with costs, on the law and in the exercise of discretion, and that branch of the plaintiff's motion which was to remove the summary nonpayment proceeding entitled 2319 Richmond Terrace Corp. v Cantalupo Constr. Corp., pending in the Civil Court, Richmond County, under index No. 053889/10, to the Supreme Court, Richmond County, and to consolidate that proceeding...

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