Summary
reversing denial of unopposed motion for consolidation where similar issues of law and fact involved
Summary of this case from MLF3 Airitan LLC v. 2338 Second Ave. Mazal LLCOpinion
June 29, 1998
Appeal from the Supreme Court, Nassau County (Davis, J.).
Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, the motion is granted, and the matters are consolidated in Nassau County.
Although a motion pursuant to CPLR 602 (a) to consolidate two pending matters is addressed to the sound discretion of the trial court, consolidation is favored by the courts in serving the interests of justice and judicial economy ( see, Flaherty v. RCP Assocs., 208 A.D.2d 496, 498; Heck v. Waldbaum's Supermarkets, 134 A.D.2d 568, 569). As both matters clearly involve similar issues of fact and law, the Supreme Court improvidently exercised its discretion in denying the plaintiffs unopposed motion to consolidate them.
Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.