Dunkin' Donuts Inc. v. Reyes Corp.

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court improvidently exercised its discretion in granting defendants’ motion for removal and consolidation of a summary proceeding pending in Rochester City Court with an action for breach of a franchise agreement pending in Supreme Court. The threshold requirement to warrant the consolidation of the cases, namely, that a common question of law or fact exists, has not been met (see, CPLR 602 [a]; Bradford v Coleman Catholic High School, 110 AD2d 965; cf., Berman v Greenwood Vil. Community Dev., 156 AD2d…