From Casetext: Smarter Legal Research

Government Employees Ins. Co. v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 627 (N.Y. App. Div. 1998)

Summary

reversing denial of unopposed motion for consolidation where similar issues of law and fact involved

Summary of this case from MLF3 Airitan LLC v. 2338 Second Ave. Mazal LLC

Opinion

June 29, 1998

Appeal from the Supreme Court, Nassau County (Davis, J.).


Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, the motion is granted, and the matters are consolidated in Nassau County.

Although a motion pursuant to CPLR 602 (a) to consolidate two pending matters is addressed to the sound discretion of the trial court, consolidation is favored by the courts in serving the interests of justice and judicial economy ( see, Flaherty v. RCP Assocs., 208 A.D.2d 496, 498; Heck v. Waldbaum's Supermarkets, 134 A.D.2d 568, 569). As both matters clearly involve similar issues of fact and law, the Supreme Court improvidently exercised its discretion in denying the plaintiffs unopposed motion to consolidate them.

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Government Employees Ins. Co. v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 627 (N.Y. App. Div. 1998)

reversing denial of unopposed motion for consolidation where similar issues of law and fact involved

Summary of this case from MLF3 Airitan LLC v. 2338 Second Ave. Mazal LLC
Case details for

Government Employees Ins. Co. v. Bailey

Case Details

Full title:GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. RAMPAUL BAILEY et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1998

Citations

251 A.D.2d 627 (N.Y. App. Div. 1998)
675 N.Y.S.2d 878

Citing Cases

Lecorps v. Bromberg

“Although a motion pursuant to CPLR 602(a) to consolidate two pending matters is addressed to the sound…

MLF3 Airitan LLC v. 2338 Second Ave. Mazal LLC

"Although a motion pursuant to CPLR 602(a) to consolidate two pending matters is addressed to the sound…