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BROOKS v. LEFRAK

Appellate Division of the Supreme Court of New York, First Department.
Dec 10, 1992
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Motions to consolidate pursuant to CPLR 602 (a) are addressed to the sound discretion of the court, "subject to the general rule that, in the absence of special circumstances, where the actions have been commenced in different counties venue should be placed in the county having jurisdiction over the action first commenced" (T T Enters. v Gralnick, 127 A.D.2d 651, 652). Movant's showing with respect to the convenience of witnesses was insufficient to overcome this general rule. The convenience of the parties and their employees is not to be considered (Coles v LaGuardia Med. Group, 161 A.D.2d 166), and it is hardly an inconvenience to require a witness to travel from Queens to the Bronx, a bus or subway ride away (see, Rodriguez v Ryder Truck Rental, 100 A.D.2d 811).

Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.