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BERMAN v. GREENWOOD VILL. CMTY. DEV., INC.

156 A.D.2d 326 (1989)

Murray Berman et al., Respondents, v. Greenwood Village Community Development, Inc., et al., Appellants. (Matter No. 1.) Detroit Dragway Corporation, Doing Business as Greenwood Village Community Management, Inc., Appellant, v. Murray Berman et al., Respondents. (Matter No. 2.)

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

December 4, 1989

Ordered that the order is affirmed, with costs.

It is well established that the power to order consolidation rests in the sound discretion of the court, and that where common questions of law or fact exist, consolidation is warranted unless the party opposing consolidation demonstrates prejudice to a substantial right (see, Business Council v Cooney, 102 A.D.2d 1001;

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