AGHABEKIAN v. BAYSIDE HILLS ASSOCS.


69 A.D.2d 805 (1979)

Linda Aghabekian et al., Appellants, v. Bayside Hills Associates, Respondent. (Action No. 1.) Linda Aghabekian et al., Appellants, v. A. J. Clark Management Corporation, Respondent. (Action No. 2.)

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

April 2, 1979


Order reversed, on the law, with $50 costs and disbursements, the motion of defendant in Action No. 2 for summary judgment is denied and plaintiffs' motion is granted only to the extent of directing that Action No. 2 be consolidated for trial with Action No. 1 and is otherwise denied.

The pleadings raise triable issues of fact which may be resolved only upon trial. Since the actions involve common questions of fact and are both pending before the court, consolidation...

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