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172 VAN DUZER REALTY CORP. v. 878 EDUCATION, LLC

7126N. 653767/13.

164 A.D.3d 1171 (2018)

83 N.Y.S.3d 60

2018 NY Slip Op 06218

172 Van Duzer Realty Corp., Appellant, v. 878 Education, LLC, Respondent, et al., Defendants.

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

Decided September 25, 2018.

It was a provident exercise of discretion for the court to deny the motion to consolidate, as there are insufficient common questions of law and fact presented (see J. Henry Schroder Bank & Trust Co. v South Ferry Bldg. Co., 88 A.D.2d 570, 571 [1st Dept 1982], [citing CPLR 602]). The 2007 action, brought by a non-party to the other two actions, arises out of a loan default, with third-party contract claims between current and...

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