Key Bank v. Anton

—In an action to foreclose a mortgage (Action No. 1) and an action to recover damages, inter alia, for breach of contract (Action No. 2), Western Surety Company appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 18, 2000, which granted the motion of Peter Bodkin to remove Action No. 2 from the County Court, Suffolk County, and consolidate it with Action No. 1 pending in the Supreme Court, Suffolk County, and upon granting consolidation, dismissed the complaint in Action No. 2.

Ordered that the order is reversed, on the law, the motion is denied, and…