I. Burack, Inc. v. Rosner's Supply Corp.

—In two actions, inter alia, to recover damages for breach of contract, the defendants Rosner’s Supply Corporation and Richard Burack appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered August 25, 1995, which denied their motion to dismiss the complaint in Action No. 2 and, upon granting the plaintiffs cross motion for consolidation, dismissed the complaint in Action No. 1 on the ground that it was subsumed by the complaint in Action No. 2.

Ordered that the order is affirmed, with costs.

Due to the presence, inter alia, of common questions of law and fact, and…