Opinion
June 24, 1991
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is reversed, as a matter of discretion, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motion is granted, and the actions shall be tried jointly.
The plaintiffs allege in their bills of particulars and affidavits that certain injuries to the cervical spine suffered by the plaintiff Nahed Gabran in a slip and fall accident on September 30, 1987, were exacerbated in an automobile accident she suffered on October 24, 1988. In the interests of judicial economy, in order to avoid inconsistent verdicts, and in the absence of demonstrable prejudice, the motion to jointly try these two negligence actions should have been granted (see, Dolce v Jones, 145 A.D.2d 594; Heck v Walbaum's Supermarkets, 134 A.D.2d 568; Boyman v Bryant, 133 A.D.2d 802). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.