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M K COMPUTER CORP., Appellant, v. MBS INDUSTRIES, INC., Defendant, and PATRICK LOPRESTI, Indi

Ordered that the order is reversed, with costs, the motion is denied, and the Clerk of the Supreme Court, New York County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all the papers filed in Action No. 1 ( see, CPLR 511 [d]).

It was an improvident exercise of discretion to consolidate the action pending in the Supreme Court, Nassau County, with the action pending in the Supreme Court, New York County, since, as a result of the consolidation, certain parties would appear as both plaintiff and defendant in the consolidated action ( see, Bass v. France, 70 A.D.2d 849). Moreover, there is an insufficient identity of factual or legal issues in the actions to warrant consolidation ( see, CPLR 602 [a]; Mauro Co. v. Genesee Val. Group Health Assn., 184 A.D.2d 998; Dunkin' Donuts v. Reyes Corp., 166 A.D.2d 908).

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M K COMPUTER CORP. v. MBS INDUSTRIES, INC
(Apr 24, 2000)