Motion for a joint trial.

Practice point: Where common questions of law or fact exist, the motion, pursuant to CPLR 602(a), should be granted absent a showing of prejudice to a substantial right of the party opposing the motion.

Student note: Mere delay is not a sufficient basis to justify the denial of the motion.

Case: Alzio v. Feldman, NY Slip Op 05378 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: An account stated.