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DUKHVALOV v. PSHIERER

15 A.D.3d 334 (2005)

789 N.Y.S.2d 521

LEONID DUKHVALOV et al., Plaintiffs, v. STEPHEN PSHIERER et al., Defendants, and GMAC LEASING CORPORATION, Respondent. (Action No. 1.) LEONID DUKHVALOV et al., Plaintiffs, v. FRANKIE & JOHNNIE'S STEAKHOUSE et al., Appellants. (Action No. 2.)

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

February 7, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondent's motion to consolidate the two actions, where, as here, both actions involve common questions of law and fact, and the appellants failed to demonstrate that prejudice to a substantial right would result from consolidation (see CPLR 602 [a]; Corporate Interiors v Pappas, 297 A.D.2d 306 ...

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