When actions involving a common question of law or fact are pending before a court, the court, on a motion, may order a joint trial of any or all the matters in issue, pursuant to CPLR 602[a]. The determination of the motion is addressed to the sound discretion of the court. Denial of the motion may be warranted where: (1) there are no common questions of law or fact; (2) the actions involve dissimilar issues or disparate legal theories; (3) a joint trial would substantially prejudice an opposing party; or (4) there is a risk of confusing the jury or rendering the litigation unwieldy.
Cromwell v. CRP 482 Riverdale Ave., LLC, NY Slip Op 05137 (2d Dep't July 11, 2018)
Here is the decision.
