CPLR 602 You cant’ consolidate a dismissed action into another action

CPLR 602

Jacobs v Mostow, 2014 NY Slip Op 00328 [2nd Dept. 2014]

The Supreme Court properly denied that branch of the plaintiff's motion which was to consolidate this action with an action entitled Jacobs v Mostow, filed in the Supreme Court, Nassau County, under Index No. 7715/07 (hereinafter the 2007 action). Consolidation requires two pending actions (see CPLR 602). Since the 2007 action was dismissed, and that dismissal was affirmed on appeal, there is no pending 2007 action to consolidate with this action.



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