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VARNAKOV v. MALIKHIN

266 A.D.2d 534 (1999)

698 N.Y.S.2d 899

VADIM VARNAKOV, Appellant, v. SERGE MALIKHIN et al., Respondents.

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

Decided November 29, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion to consolidate this action with a summary eviction proceeding commenced against him in the Justice Court of the Town of Clarkstown by the defendant Rockland Consulting and Management Corp. (see, CPLR 602 [b]; Stein v Waldbaum's Supermarket, 222 A.D.2d 575

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