Slawomir Baraskiewicz v Mega Builders, Inc.

Baraskiewicz v Mega Bldrs., Inc. 2006 NY Slip Op 01751 [27 AD3d 501] March 14, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

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.

—[*1]In a consolidated action to recover damages for personal injuries, etc., the third-party defendant Safeway Steel Products, Inc., appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated March 16, 2005, which granted the motion of the defendant third-party plaintiff, Mega Builders, Inc., to consolidate the two original actions.

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 AD3d 612 [2004]). Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.