Opinion
Submitted March 7, 2001.
April 16, 2001.
In two related actions to recover damages for breach of contract, Ellen Deutsch, a defendant in both Actions, appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered April 12, 2000, which denied her motion to consolidate Action No. 1 with Action No. 2.
Wechsler Bursky Cohen, LLP, New York, N.Y. (Robert M. Bursky of counsel), for appellant in both Actions.
Robert B. Pollack, East Meadow, N.Y., and Steven P. Herman, Westbury, N.Y., for plaintiff-respondent in Action No. 1 (one brief filed).
Braverman Warfield, LLP, New Hyde Park, N.Y. (Christine Lombardi of counsel), for respondents in Action No. 2.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The Supreme Court providently exercised its discretion in denying the motion to consolidate. Although there are some common issues of law and fact, the actions arise out of different transactions and different claims by the respective plaintiffs (see, CPLR 602[a]; D'Abreau v. American Bankers Ins. Co. of Fl., 261 A.D.2d 501; Stephens v. Allstate Ins. Co., 185 A.D.2d 338).
O'BRIEN, J.P., FRIEDMANN, GOLDSTEIN and SMITH, JJ., concur.