Ultrashmere House, Ltd. v. 38 Town Associates

OPINION OF THE COURT

Edward H. Lehner, J.

The key issue on the motions before the court (Nos. 146 and 147 on the calendar of Oct. 7,1983) is whether a lease provision barring consolidation of actions should be enforced.

Plaintiff moves for leave to serve an amended complaint following dismissal of its complaint and to consolidate the within action with another instituted by defendant against *103the plaintiff to recover unpaid rent, now pending in the Supreme Court, Westchester County.

The complaint herein seeking rescission and damages alleges that the defendant fraudulently induced plaintiff to…