Practice point: If there are common questions of law or fact, a motion to consolidate or for a joint trial, pursuant to CPLR 602(a), will be granted, absent a showing of prejudice to a substantial right of the opposing party.
Students should note that where the actions have been commenced in different counties, the trial will be in the county where venue of the first-commenced action currently lies.
Case: Whiteman v. Parsons Transp. Group of N.Y., Inc., NY Slip Op 02944 (2d Dept. 2010
Tomorrow's issue: Motion practice.
