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GALASSO, LANGIONE & BOTTER, LLP v. GALASSO

2009-05736.

81 A.D.3d 879 (2011)

917 N.Y.S.2d 888

GALASSO, LANGIONE & BOTTER, LLP, Respondent, v. ANTHONY P. GALASSO et al., Defendants. (Action No. 1.) GALASSO, LANGIONE & BOTTER, LLP, et al., Respondents, v. SIGNATURE BANK et al., Defendants. (Action No. 2.) GALASSO, LANGIONE & BOTTER, LLP, et al., Respondents, v. THOMAS F. LIOTTI, Appellant. (And a Third-Party Action.) (Action No. 3.)

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

Decided February 22, 2011.

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

"A motion for consolidation is addressed to the sound discretion of the court, and absent a showing of substantial prejudice by the party opposing the motion, consolidation is proper where there are common questions of law and fact" (RCN Constr. Corp. v Fleet Bank, N.A., 34 A.D.3d 776, 777 [2006]). Here...

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