Ordered that the order is reversed, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint and to dismiss the affirmative defenses of the defendant 101 Kent Associates, Inc., are granted, and the cross motion of the defendant 101 Kent Associates, Inc., to consolidate the instant action with an action entitled MCC Dev. Corp. v Daniel Perla, pending in the Supreme Court, New York County, under index No. 101141...
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