Vivian Realty Co. v. Jillandrea Realty Associates

— Order, Supreme Court, New York County (William P. McCooe, J.), entered February 29, 1988, which granted defendants’ motion to dismiss the actions pursuant to CPLR 3211 (a) (4) on the ground of prior actions pending, and denied, as moot, defendants’ motion to consolidate and plaintiffs’ cross motion for partial summary judgment, unanimously reversed to the extent appealed from as limited by appellants’ brief, on the law, defendants’ motion to dismiss denied, the complaints reinstated, the actions consolidated, and the matter remanded to Supreme Court for determination of plaintiffs’ cross…