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Williams v. Mascitti

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1979
71 A.D.2d 813 (N.Y. App. Div. 1979)

Summary

ordering joint trial

Summary of this case from Sedden v. Postigo

Opinion

July 13, 1979

Appeal from the Monroe Supreme Court.

Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan and Witmer, JJ.


Orders unanimously reversed, without costs, and motion granted. Memorandum: It was an improvident exercise of discretion for Special Term to deny a joint trial or to condition its approval thereof upon stipulation that defendants waive a jury. The pleadings disclose a commonality of context from which both actions emanate. While a lengthy prejudicial delay resulting from joinder would require denial of the motion, plaintiffs have failed to show delay which would prejudice a substantial right of defendants. The burden of showing that joinder will prejudice a substantial right rests upon the party opposing the motion (146 North Salina St. v. Unigard Jamestown Mut. Ins. Co., 54 A.D.2d 1129). Absent such a showing, the existence of common questions of law or fact justify the grant of a motion for joint trial (CPLR 602, subd [a]; Wilhelmsen v. Bolan Sales, 54 A.D.2d 615). Where feasible, joint trial should be had to reduce the cost of litigation, make more economical use of court time, and speed the disposition of cases (Matter of City of Rochester v. Levin, 57 A.D.2d 700). Since it appears that there are common questions of fact as to the conduct of parties in an attorney-client and business relationship, a joint trial is appropriate (L.G.J.K. Realty Corp. v. Drimer, 48 A.D.2d 670).


Summaries of

Williams v. Mascitti

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1979
71 A.D.2d 813 (N.Y. App. Div. 1979)

ordering joint trial

Summary of this case from Sedden v. Postigo
Case details for

Williams v. Mascitti

Case Details

Full title:MITCHELL T. WILLIAMS et al., Plaintiffs, v. JOSEPH R. MASCITTI, Defendant…

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

Date published: Jul 13, 1979

Citations

71 A.D.2d 813 (N.Y. App. Div. 1979)

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