Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (4) is denied, the plaintiffs' cross motion to consolidate the action with an action entitled Citicorp Leasing, Inc. v Viafax Corp., pending in the Supreme Court, Nassau County, under index No. 5554/05, is granted, and the matter is remitted to the Supreme...
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