Practice point: The motion will be granted where the actions arise from the same transaction, concern the same parties, and involve common questions of law and fact.
Student note: Consolidation is appropriate where it will avoid unnecessary duplication of trials; save unnecessary costs and expense; and prevent any injustice which would result from divergent decisions based on the same set of facts. The motion, which is left to the sound discretion of the trial court, should be granted absent a showing of prejudice to the non-movant, pursuant to CPLR 602(a).
Rhoe v. Reid, NY Slip Op 08049 (2d Dep't November 21, 2018)
Here is the decision.
