Opinion
May 3, 1966
Defendants Lilly and Brand appeal from an order of the Supreme Court at Special Term denying a motion for a joint trial of two separate actions arising out of a three-car motor vehicle collision which occurred on Route 9 in the Town of Lake George, Warren County. Both actions were initially instituted in Bronx County. Action No. 1 was commenced first. Upon the motion of Par-Du Leasing, Inc., a defendant in both actions, the venue of Action No. 2 was transferred to Warren County as the proper county of venue. (CPLR 503, 510, 511, subd. [b].) A transitory action ordinarily should be tried where the cause of action arose ( Edwards v. Lewin, 284 App. Div. 28). It appears that there is no statistical trial delay in Warren County as compared to a 21-month delay in Bronx County (Report No. 3 of N.Y. Judicial Conference, Sept. 24, 1965, p. 3). The comparative condition of pertinent calendars should be accorded great weight in determining the appropriate county in which a joint trial should be had. ( Mallack v. White Mountain Laundry, 12 A.D.2d 503.) While respondent urges other criteria as controlling, we are of the opinion that these actions stemming from a single automobile accident and involving common questions of law and fact should be jointly tried and that Warren County is the appropriate place for their trial. ( Condon v. Schwenk, 10 A.D.2d 822; Palmer v. Chrysler Leasing Corp., 24 A.D.2d 820; Edwards v. Lewin, supra.) Order reversed, on the law and the facts, and motion granted, without costs. Settle order. Gibson, P.J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.