Eber-NDC, LLC v. Star Industries, Inc.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), dated September 28, 2005. The order, among other things, granted plaintiffs motion to consolidate this action with a related action pending in the Supreme Court, Nassau County.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Supreme Court erred in granting the motion of plaintiff, Eber-NDC, LLC (Eber), to consolidate actions pending in two counties and in “incidently” changing the venue of a Nassau…