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TARGET GRAPHICS INC. v. DEUTSCH

282 A.D.2d 601 (2001)

723 N.Y.S.2d 380

TARGET GRAPHICS INC., Respondent, v. ELLEN DEUTSCH, Appellant, and PHIL FRANZNICK et al., Respondents. (Action No. 1.) PATRICK MEDIA GROUP, INC., et al., Respondents, v. PHIL FRANZNICK et al., Defendants, and ELLEN DEUTSCH, Appellant. (Action No. 2.)

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

Decided April 16, 2001.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in denying the motion to consolidate. Although there are some common issues of law and fact, the actions arise out of different transactions and different claims by the respective plaintiffs (see, CPLR 602 [a]; D'Abreau v American Bankers Ins. Co., 261 A...

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