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MARBLE TECHNIQUES, INC., plf, v. EVEREST NATIONAL INSURANCE CO., ap

MARBLE TECHNIQUES, INC., plf, v. EVEREST NATIONAL INSURANCE CO., ap — (ACTION NO. 2)In an action, inter alia, to recover damages for personal injuries (Action No. 1), and a related action for a judgment declaring that Everest National Insurance Co. is obligated to defend and indemnify Marble Techniques, Inc., in connection with a third-party action commenced in Action No. 1 (Action No. 2), the defendant in Action No. 2, Everest National Insurance Co., appeals from an order of the Supreme Court, Queens County (Hart, J.), entered April 17, 2013, which granted the motion of the defendant third-party plaintiff in Action No. 1, IBEX Construction, LLC, to consolidate Action Nos. 1 and 2 to the extent of transferring Action No. 2 from IAS Part 12 of that court to IAS Part 18 of that court solely for "purposes of disposition."

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MARBLE TECHNIQUES, INC., plf, v. EVEREST NATIONAL INSURANCE CO., ap — (ACTION NO. 2)In an action, inter alia, to recover damages for personal injuries (Action No. 1), and a related action for a judgment declaring that Everest National Insurance Co. is obligated to defend and indemnify Marble Techniques, Inc., in connection with a third-party action commenced in Action No. 1 (Action No. 2), the defendant in Action No. 2, Everest National Insurance Co., appeals from an order of the Supreme Court, Queens County (Hart, J.), entered April 17, 2013, which granted the motion of the defendant third-party plaintiff in Action No. 1, IBEX Construction, LLC, to consolidate Action Nos. 1 and 2 to the extent of transferring Action No. 2 from IAS Part 12 of that court to IAS Part 18 of that court solely for “purposes of disposition.”

ORDERED that the order is affirmed, with costs payable by the appellant to the defendant third-party plaintiff, and the matter is remitted to the Supreme Court, Queens County, before a different Justice, in accordance with Bermejo v. New York City Health & Hosps. Corp. (__ AD3d __ , 2015 NY Slip Op 08374).

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