Opinion
2984N.
Decided March 2, 2004.
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.
Jonathan A. Willens, for Plaintiffs-Appellants.
Allan H. Carlin, for Defendants-Respondents.
Before: Tom, J.P., Andrias, Sullivan and Friedman, JJ.
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 A.D.3d 118, 766 N.Y.S.2d 429).
Motion seeking leave to strike portions of reply brief granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.