Legal Opinion

Barnes v. Cathers & Dembrosky

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 2004PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Helen Freedman, J.), entered September 24, 2003, which denied plaintiffs’ motion to consolidate this action with another action pending in New York County, entitled Cathers v Barnes (Index No. 600214/02), unanimously affirmed, with costs.

The two actions are at completely different stages of discovery. Consolidation would result in undue delay in the resolution of the Cathers action (see Abrams v Port Auth. Trans-Hudson Corp., 1 AD3d 118 [2003]). Concur—Tom, J.P., Andrias, Sullivan and Friedman, JJ.

2Cases cited1 opinion

  1. Abrams v. Port Authority Trans-Hudson Corp.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Goldman v. RosenAppellate Division of the Supreme Court of the State of New York · 2005