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ISA REALTY GROUP, LLC v. EBM DEV. CO.

Index No. 653151/19. Appeal No. 17038. Case No. 2022-02072.

212 A.D.3d 427 (2023)

179 N.Y.S.3d 570

2023 NY Slip Op 00048

Isa Realty Group, LLC, Appellant, v. EBM Development Company, Respondent. Lamar Advertising Company, Nonparty Respondent.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Koffsky Schwalb LLC, New York ( Steven A. Weg of counsel), for appellant.

SDK Heiberger LLP, New York ( Jacqueline Handel-Harbour of counsel), for EBM Development Company, respondent.

Concur—Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered on or about September 23, 2021, which, to the extent appealed from as limited by the briefs, granted defendant's motion to consolidate this action with an action pending before the same court and Justice, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in consolidating the two actions, as consolidation serves the interest of judicial economy (CPLR 602; see Amcan...

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