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Gottlieb v. Budget Rent-A-Car

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 429 (N.Y. App. Div. 2005)

Summary

consolidating two personal injury actions involving separate automobile accidents due to physician affirmation that "second automobile accident exacerbated the injuries sustained by [plaintiff] in the first automobile accident"

Summary of this case from Patterson v. Cruz

Opinion

2004-06957.

May 2, 2005.

In an action to recover damages for personal injuries, the defendants Budget Rent-A-Car and John Migliano appeal from an order of the Supreme Court, Kings County (Rosenberg, J.), dated June 30, 2004, which granted the plaintiff's motion to consolidate this action with an action entitled Gottlieb v. Panetta, pending in the Supreme Court, Nassau County, under index No. 730/03.

Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion to consolidate the two actions. The plaintiff supported her allegation with a physician's affirmation that the second automobile accident exacerbated the injuries sustained by her in the first automobile accident. Under the circumstances of this case, and in the absence of demonstrable prejudice to the defendants, consolidation will best serve the interests of justice and judicial economy ( see Romandetti v. County of Orange, 289 AD2d 386; McIver v. Canning, 204 AD2d 698; Donaldson v. Jamaica Buses, 172 AD2d 800; Boyman v. Bryant, 133 AD2d 802).


Summaries of

Gottlieb v. Budget Rent-A-Car

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 429 (N.Y. App. Div. 2005)

consolidating two personal injury actions involving separate automobile accidents due to physician affirmation that "second automobile accident exacerbated the injuries sustained by [plaintiff] in the first automobile accident"

Summary of this case from Patterson v. Cruz

In Gottlieb v Budget Rent-a-Car, 18 AD3d 429, 794 NYS2d 425 (2nd Dept. 2005), the Second Department found that a trial court properly exercised its discretion in granting plaintiffs motion to consolidate her two actions arising out of two separate automobile collisions where plaintiff supported her allegation with a physician's affirmation that the second collision exacerbated injuries sustained by her first collision. Herein, the plaintiffs offer an MRI taken only two days after the second collision which refers to a small to moderate disc herniation at C4/C5.

Summary of this case from ELDI v. MACK
Case details for

Gottlieb v. Budget Rent-A-Car

Case Details

Full title:JUDY GOTTLIEB, Respondent, v. BUDGET RENT-A-CAR et al., Appellants, et…

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

Date published: May 2, 2005

Citations

18 A.D.3d 429 (N.Y. App. Div. 2005)
794 N.Y.S.2d 425

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