CHAVEZ v. SCHOOL CONSTRUCTION CONSULTANTS

ORDERED that the order is reversed insofar as appealed from, with costs, the motion is granted in its entirety, and the Clerk of Supreme Court, Kings County, is directed to transfer the file of Action No. 1 to the Clerk of the Supreme Court, Suffolk County, and the Clerk of Supreme Court, Suffolk County, is directed to consolidate the file of Action No. 2 into Action No. 1.

Since the language of CPLR 504 is couched in mandatory terms, and the plaintiffs failed to show the existence of "compelling countervailing circumstances" (see, Chetrick v. Cohen, 266 A.D.2d 254; Ruiz v. City of New York, 195 A.D.2d 327; Rogers v. U-Haul Co., 161 A.D.2d 214), the Supreme Court, Kings County, improvidently exercised its discretion in retaining jurisdiction of the consolidated action, and denying that branch of the motion which was to transfer venue of the consolidated action to the Supreme Court, Suffolk County (see, CPLR 504; Chetrick v. Cohen, supra; Ruiz v. City of New York, supra; cf., Manshul Constr. Corp. v. Sawyers Glass Corp., 242 A.D.2d 262; Champion v. City of New York, 203 A.D.2d 508; Yasgour v. City of New York, 169 A.D.2d 673).