Ordered that the amended order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment against the appellant and for the appointment of a referee to compute are denied, and that branch of the plaintiff's separate motion which was to consolidate the action with two related actions entitled Ezagui v Sudit, pending under Kings County index No. 17038/01, and Sudit v Lefferts Homes, Inc.,...
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