Coneys v. Johnson Controls, Inc.

In a consolidated action to recover damages for personal injuries, the defendant Johnson Controls, Inc., appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated January 27, 2004, which denied its motion to dismiss the action commenced under Index No. 16905/01, and granted the plaintiffs *577unopposed cross motion to compel it to answer the complaint in that action and to consolidate that action with an action commenced under Index No. 16859/03.

Ordered that the appeal is dismissed, with costs.

The appeal from so much of the order as granted the cross motion is dismissed…