GAETANO DEV. CORP. v. LEE

2012-11098, Index Nos. 25722/07, 54747/11.

121 A.D.3d 838 (2014)

994 N.Y.S.2d 641

2014 NY Slip Op 06940

GAETANO DEVELOPMENT CORP., Respondent, v. FRANCIS A. LEE, Individually and Doing Business as FRANCIS A. LEE Company, et al., Appellants. (Action No. 1.) GAETANO DEVELOPMENT CORP., Respondent, v. FRANCIS A. LEE, Individually and Doing Business as FRANCIS A. LEE Company, et al., Appellants. (Action No. 2.)

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

Decided October 15, 2014.


In two related actions, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Giacomo, J.), entered October 3, 2012, which granted the plaintiff's motion in action No. 1 to restore that action to the pre-note of issue calendar and join it for trial with action No. 2, and denied their motion pursuant to CPLR 3211 (a) to dismiss the complaint in action...

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