Barnes v Cathers & Dembrosky (2004 NY Slip Op 01329)

Barnes v Cathers & Dembrosky

2004 NY Slip Op 01329 [5 AD3d 122]

March 2, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 26, 2004

Bruce Barnes et al., Appellants,
v
Cathers and Dembrosky et al., Respondents, et al., Defendant.

—

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.