From Casetext: Smarter Legal Research

Melendez v. Leasing

Appellate Division of the Supreme Court of New York, First Department
May 24, 1990
161 A.D.2d 501 (N.Y. App. Div. 1990)

Opinion

May 24, 1990

Appeal from the Supreme Court, Bronx County (Hansel McGee, J.).


Although plaintiff's injuries arose from two separate accidents at separate locations and at different times, in these two actions, respectively, consolidation or joint trial is appropriate, since she had alleged similar injuries in each action. (Gage v. Travel Time Tide, 161 A.D.2d 276; Thayer v Collett, 41 A.D.2d 581; Dolce v. Jones, 145 A.D.2d 594, 595.) Although plaintiffs do not allege that the injuries sustained in the second accident aggravated those sustained in the first, the fact that she complains of essentially the same injuries in each accident is sufficient to warrant a joint trial in order to avoid the possibility of inconsistent verdicts. (Thayer v. Collett, supra.)

Concur — Ross, J.P., Rosenberger, Ellerin and Wallach, JJ.


Summaries of

Melendez v. Leasing

Appellate Division of the Supreme Court of New York, First Department
May 24, 1990
161 A.D.2d 501 (N.Y. App. Div. 1990)
Case details for

Melendez v. Leasing

Case Details

Full title:LILLIAN MELENDEZ et al., Appellants, v. PRESTO LEASING et al.…

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

Date published: May 24, 1990

Citations

161 A.D.2d 501 (N.Y. App. Div. 1990)
555 N.Y.S.2d 771

Citing Cases

Zacharias v. Waldbaum, Inc.

Under the facts of these two cases, the court properly exercised its discretion in denying the plaintiffs'…

Townson v.

The actions discussed herein present common questions of law and fact (see CPLR § 602). Indeed, as NYCHHC…