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Lash Affair by J. Paris LLC v. Mediaspa LLC

Dismissal Denied, But Consolidation of Suits Ordered With Venue Remaining in Westchester

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The following papers were considered in connection with defendant’s motion to dismiss the complaint in this action pursuant to CPLR 3211(a)(4) based on the existence of another pending action, or, in the alternative, to consolidate this action with the prior action pending in New York County, pursuant to CPLR 602(a):Papers NumberedNotice of Motion, Affirmation, Exhibits A-B, and Memorandum of Law             1Affirmation in opposition, exhibits A-M              2DECISION AND ORDER

*1  It is undisputed that plaintiff Lash Affair by J. Paris, LLC (“Lash Affair”) hired defendant Mediaspa, LLC (“Mediaspa”) to build a website for Lash Affair. The executed contract dated February 27, 2016, provided that the project would cost $60,000 and take four months. The parties’ working relationship broke down in or around March 2017, with each party taking the position that the other was in default of the contract. Mediaspa claims that Lash Affair paid for Mediaspa’s work, as invoiced, until March 2017, when it refused to pay an invoice for $5,325, for which Mediaspa now seeks a money judgment. Lash Affair claims that after repeated delays and extra costs, it became apparent that Mediaspa was unable to perform the services as contracted, and it declared Mediaspa to be in default.*2

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