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QUIK PARK 808 GARAGE LLC v. 808 COLUMBUS COMMERCIAL OWNER LLC

Index No. 159396/19. Appeal No. 14662. Case No. 2021-00784.

199 A.D.3d 536 (2021)

154 N.Y.S.3d 444

2021 NY Slip Op 06457

Quik Park 808 Garage LLC, Appellant, v. 808 Columbus Commercial Owner LLC, Respondent.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Newman Ferrara LLP, New York ( Jarred I. Kassenoff of counsel), for appellant.

Cullen & Associates, P.C., New York ( Kevin D. Cullen of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

The motion court providently ordered the consolidation of this action with two other Yellowstone actions under CPLR 602(a). Provided that the statutory requirements are met, "great deference is to be accorded to the motion court's discretion" and "there is a preference for consolidation in the interest of judicial economy ... unless the party opposing the motion demonstrates that consolidation will prejudice a substantial right" (Matter of Progressive Ins. Co. ...

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