Barnes v. Cathers & Dembrosky

Appellate Division of the Supreme Court of New York

Barnes v. Cathers & Dembrosky

5 A.D.3d 122, 771 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 2081

Appellate Division of the Supreme Court of the State of New York·Decided March 2, 2004·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Helen Freedman, J.), entered September 24, 2003, which denied plaintiffs’ motion to consolidate this action with another action pending in New York County, entitled Cathers v Barnes (Index No. 600214/02), unanimously affirmed, with costs.

The two actions are at completely different stages of discovery. Consolidation would result in undue delay in the resolution of the Cathers action (see Abrams v Port Auth. Trans-Hudson Corp., 1 AD3d 118 [2003]). Concur—Tom, J.P., Andrias, Sullivan and Friedman, JJ.

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Order, Supreme Court, New York County (Helen Freedman, J.), entered September 24, 2003, which denied plaintiffs’ motion to consolidate this action with another action pending in New York County, entitled Cathers v Barnes (Index No. 600214/02), unanimously affirmed, with costs.

The two actions are at completely different stages of discovery. Consolidation would result in undue delay in the resolution of the Cathers action (see Abrams v Port Auth. Trans-Hudson Corp., 1 AD3d 118 [2003]). Concur—Tom, J.P., Andrias, Sullivan and Friedman, JJ.

Barnes v. Cathers & Dembrosky, 5 A.D.3d 122, 771 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 2081 (N.Y. Ct. App. 2004).

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Opinion

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