DUNKIN' DONUTS INC. v. REYES CORP.


166 A.D.2d 908 (1990)

Dunkin' Donuts Incorporated, Appellant, v. Reyes Corporation et al., Respondents

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

October 5, 1990


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improvidently exercised its discretion in granting defendants' motion for removal and consolidation of a summary proceeding pending in Rochester City Court with an action for breach of a franchise agreement pending in Supreme Court. The threshold requirement to warrant the consolidation of the cases, namely, that a common question of law or fact exists, has not...

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