Viafax Corp. v. Citicorp Leasing, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*847In an action, inter alia, to recover damages for the failure to conduct the sale of collateral in a commercially reasonable manner and breach of the implied covenant of good faith and fair dealing, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 10, 2007, as granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (4), and denied their cross motion to consolidate the action with an action entitled Citicorp Leasing, Inc. v Viafax Corp., pending in the…
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