Cantalupo Construction Corp. v. 2319 Richmond Terrace Corp.

—In an action for specific performance of an alleged contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated September 14, 2011, as denied that branch of its motion which was to remove a 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 with the instant action.

Ordered that the order is reversed insofar as appealed from,…