WALLS v. PRESTIGE MANAGEMENT, INC.


59 A.D.3d 311 (2009)

872 N.Y.S.2d 918

VANESSA R. WALLS et al., Respondents, v. PRESTIGE MANAGEMENT, INC., et al., Appellants.

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

Decided February 24, 2009.


The motion court appropriately exercised its discretion in consolidating this action with an action that was previously commenced by plaintiff Vanessa Walls pro se in Civil Court (see CPLR 602). The two cases present an identity of issues and common questions of law and fact, and defendants have failed to demonstrate that consolidation will prejudice a substantial right (Amcan Holdings, Inc. v Torys LLP, 32 A.D.3d 337

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