The two actions, while not duplicative, do arise under the same contract and are otherwise sufficiently related to warrant their consolidation. The doctrine against "claim splitting," invoked by defendant, does not apply since plaintiff could not have known of the claim made in the second action until after commencement of the first (see Siegel, NY Prac § 220, at 364 [4th ed]). The action is not appropriate for pre-answer summary...
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