Opinion
Submitted December 8, 1999
February 10, 2000
In an action to recover damages for, inter alia, wrongful eviction, the defendants Erine Papis, John Papis, and Katse Ke Bresta, Inc., appeal from so much of an order of the Supreme Court, Queens County (Lisa, J.), dated January 12, 1999, as granted that branch of the plaintiff's motion which was to consolidate this action with a summary proceeding entitled Katse Ke Bresta v. 36-08 33rd Street Corp., pending in the Civil Court, Queens County, under Index No. 083784/98.
Mantel Haskel, New York, N.Y. (Michael A. Haskel of counsel), for appellants.
Marcus Associates, P.C., Astoria, N.Y. (Mark Marcus of counsel), for respondent.
WILLIAM C. THOMPSON, J.P. SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the plaintiff's motion for consolidation since there was no showing by the defendants of prejudice to a substantial right (see, Fransen v. Maniscalco, 256 A.D.2d 305 ; Moretti v. 860 W. Tower, 221 A.D.2d 191 ; Amtorg Trading Corp. v. Broadway 56th St. Assocs., 191 A.D.2d 212 ).