Opinion
November 28, 2000.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 22, 2000, which granted plaintiff' s application that her DES products liability action be tried jointly with several other DES products liability actions, so long as such actions were ready for trial as of August 1, 2000, unanimously affirmed, with costs.
Stephen H. Weiner, for plaintiff-respondent.
Linda Trummer-Napolitano, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Lerner, Andrias, JJ.
In view of the circumstance that plaintiff's action and the other DES actions with which it is to be jointly tried pursuant to the appealed order share common questions of law and fact, and that defendants failed to demonstrate that a joint trial of the subject DES actions would be prejudicial to them, joinder of the actions for trial constituted a proper exercise of Trial Term's discretion (see, CPLR 602[a]; Heck v. Waldbaum's Supermarkets, Inc., 134 A.D.2d 568; see also, Matter of New York County DES Litigation [Chernosky], 195 A.D.2d 415, 416).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.