MediaAmerica, Inc. v. Rudnick

Order, Supreme Court, New York County (Andrew R. Tyler, J.), entered May 2, 1989, which denied plaintiffs motion, pursuant to CPLR 3213, for summary judgment in lieu of complaint and dismissed this action, pursuant to CPLR 3211 (a) (4), on the ground of the pendency of another action involving the same parties and cause, unanimously modified, on the law and the facts and in the exercise of discretion, to vacate the dismissal of this action and to sua sponte consolidate this action with the prior action pending in New York County, entitled Thomas Rudnick v MediaAmerica, Inc. (index No.…