Opinion
December 9, 1991
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the order is modified by deleting the provision denying that branch of the cross motion which was to consolidate Action No. 1 with Action No. 3 and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court, Queens County, erred in its sua sponte determination that the 1977 action to vacate the judgment of foreclosure (Action No. 3) had been abandoned, and for reasons of judicial economy this action should be consolidated with the present action (CPLR 602; see, Mideal Homes Corp. v L C Concrete Work, 90 A.D.2d 789). We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Sullivan and Lawrence, JJ., concur.