Appellate Division of the Supreme Court of the State of New York March 2, 2010 (Progressive Northeastern Insurance v. North State Autobahn, Inc.)

In an action, inter alia, to recover damages for fraud, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), entered April 18, 2008, which denied their motion for summary judgment dismissing the complaint or, in the alternative, to direct that this action be tried jointly *657with an action entitled North State Autobahn v Progressive Ins.