Opinion
May 2, 1988
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed, with costs to the plaintiff-respondent.
The Supreme Court, Nassau County, properly exercised its discretion in denying the appellants' motion to consolidate and we perceive no reason to substitute our discretion for that of the Supreme Court. The two actions involve entirely separate and distinct transactions and the proof relative to each lawsuit will not overlap in any substantial respect (see, Aluminum Mill Supply Corp. v Skyview Metals, 117 A.D.2d 765, 767; JM Mechanical Corp. v Washington Fed. Sav. Loan Assn., 80 A.D.2d 884, 886). Moreover, the plaintiff in this action would suffer prejudice if the two actions were consolidated. Thompson, J.P., Kunzeman, Rubin and Harwood, JJ., concur.