Rist v. Comi

Mikoll, J. P.

Appeal from an order of the Supreme Court (Dier, J.), entered February 3, 1998 in Warren County, which, inter alia, partially granted plaintiffs’ motion in action No. 1 for consolidation of the three actions.

The principal question presented is whether Supreme Court abused its discretion in ordering consolidation of action Nos. 1 *891and 2. In brief, the relevant facts are as follows.* In September 1993, Richard Comi contracted with Harold Rist and Ruth Rist to purchase their controlling stock in Glens Falls Communication Corporation (hereinafter GFCC). Comi subsequently defaulted in…