Penafiel v. Puretz

In a consolidated action, inter alia, to recover damages for personal injuries, the defendants Leib Puretz and Williamsboro Realty Corp. appeal, as limited by their brief, from so much of (1) an order of the Supreme Court, Kings County, dated March 1, 2004, as granted the plaintiffs’ motion to consolidate the two original actions and (2) an order of the same court dated March 31, 2004, as denied their unopposed motion pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them in the action originally commenced under index No. 49611/02.

Ordered that the order dated March…