Legal Opinion

Feinstein Iron Works, Inc. v. F.J. Sciame Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2004Published

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Thomas, J.), dated September 19, 2003, as granted that branch of the defendant’s motion which was to consolidate two pending arbitrations.

*663Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established that the two pending arbitrations shared common issues of fact and law to warrant consolidation (see CPLR 602 [a]; County of Sullivan v Edward L. Nezelek, Inc., 42 NY2d 123 [1977];…

2Cases cited2 opinions

  1. County of Sullivan v. Edward L. Nezelek, Inc.New York Court of Appeals · 1977
  2. Government Employees Insurance v. BaileyAppellate Division of the Supreme Court of the State of New York · 1998

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