Weiss & Biheller, MDSE, Corp. v. Preciosa USA, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), dated January 16, 2014, which denied their motion to consolidate this action with an action entitled Preciosa USA, Inc. v Weiss & Biheller, MDSE, Corp., pending in the Supreme Court, Westchester County, under index No. 62301/13.

Ordered that the order is affirmed, with costs.

“Where common questions of law or fact exist, a motion to consolidate should be granted absent a showing of prejudice to a substantial right by the party opposing…