Kaatsbaan International Dance Center, Inc. v. TBays, LLC

*902In an action, inter alia, to set aside a transfer of real property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dolan, J.), dated April 3, 2007, which denied its motion to consolidate this action with an action entitled Rondack Constr. Servs., Inc. v Kaatsbaan Inti. Dance Ctr., Inc., pending in the Supreme Court, Dutchess County, under index No. 6260/05, and granted that branch of the defendants’ cross motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground of collateral estoppel.

Ordered that the order is modified, on the law, by…