Practice point: Where common questions of law or fact exist, a motion to consolidate
or for a joint trial pursuant to CPLR 602(a) should be granted absent a
showing of prejudice to a substantial right by the party opposing the
motion.
Student note: Here, given the plaintiff's allegations
that injuries that he sustained in the automobile accident were
exacerbated by the work-related accident, in the interest of justice and
judicial economy, and to avoid inconsistent verdicts, the two actions
should be tried jointly.
Case: Cieza v. 20th Ave. Realty, Inc., NY Slip Op 05610 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Unsealing court records.
