Progressive Northeastern Insurance v. North State Autobahn, Inc.

In an action, inter alia, to recover damages for fraud, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), entered April 18, 2008, which denied their motion for summary judgment dismissing the complaint or, in the alternative, to direct that this action be tried jointly *657with an action entitled North State Autobahn v Progressive Ins. Group, pending in the Supreme Court, Westchester County, under index No. 02761/07.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal…