Berman v. Greenwood Village Community Development, Inc

In Berman v. Greenwood Village Community Development, Inc., 156 AD2d 326 (2nd Dept. 1989) in which the Second Department affirmed a decision coming out of Suffolk County Supreme Court (Tannebaum. J.) in 1989 in which actions were consolidated. In that case, the Berman is sued Greenwood Village for breach of contract and Greenwood brought a summary proceeding to recover rents. The Second Department, in affirming, stated "It is well established that the power to order consolidation rests in the sound discretion of the court, and that where common questions of law or fact exist, consolidation is warranted unless the party opposing consolidation demonstrates prejudice to a substantial right," (Berman, supra., at 326, 327.)