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197 MERRICK RD. CORP. v. 185 MERRICK RD. ASSOCS. CORP.

152 A.D.2d 551 (1989)

197 Merrick Road Corp. et al., Respondents, v. 185 Merrick Road Associates Corp. et al., Appellants, et al., Defendants. (Action No. 1.) Marion Emanuel, as Administratrix of The Estate of Nathaniel Bryant, Deceased, Respondent, v. R.V.J. Construction Corp. et al., Appellants; Long Island Water Company, Respondent, et al., Defendants. (Action No. 2.)

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

July 3, 1989

Ordered that the order is affirmed, with one bill of costs to the respondents in action No. 1 and the plaintiff-respondent in action No. 2 appearing separately and filing separate briefs.

We find unpersuasive the appellants' contention that the Supreme Court erred in denying their application to consolidate the actions. The record indicates that action No. 1 was commenced against the appellants because certain excavation and construction work in which they were involved...

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