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FRANK v. Y. MOMMY TAXI, INC.

2021-00382, 2021-03268, Index No. 704713/18.

206 A.D.3d 971 (2022)

168 N.Y.S.3d 891

2022 NY Slip Op 04151

Scott Frank, Appellant, v. Y. Mommy Taxi, Inc., et al., Defendants. Marty Transport Corporation et al., Nonparty Respondents.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington, NY (Jay L. T. Breakstone and Stephenie L. Bross of counsel), for appellant.

Litchfield Cavo, LLP, New York, NY (Paul J. Tramontano of counsel), for nonparty-respondents.

Dillon, J.P., Connolly, Roman and Maltese, JJ., concur.

Ordered that the order dated December 18, 2020, is reversed, on the law and in the exercise of discretion, the plaintiff's motion pursuant to CPLR 602(a) to consolidate this action with an action entitled Frank v Marty Transp. Corp. pending in the Supreme Court, Queens County, under index No. 708005/19, is granted to the extent of directing that the actions shall be tried jointly, the motion is otherwise denied, and the order dated April 29, 2021, is vacated; and it...

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