From Casetext: Smarter Legal Research

J a Vending, Inc. v. J.A.M. Vending, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 505 (N.Y. App. Div. 2000)

Opinion

Argued November 30, 1999

January 24, 2000

In four related actions, inter alia, to recover damages for breach of contract and fraud, which were joined for trial, the plaintiff in Action No. 1, J A Vending, Inc., appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated December 16, 1998, as denied its motion, inter alia, for a separate trial in that action.

Monroe J. Korn, New York, N.Y. (Matthew J. Ross of counsel), for appellant.

Certilman, Balin, Adler Hyman, LLP, East Meadow, N Y (Jaspreet S. Mayall of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The denial of the motion of J A Vending, Inc., inter alia, for a separate trial in Action No. 1 was a proper exercise of discretion. A trial court has broad discretion in determining whether to order a joint trial of several actions (see, Megyesi v. Automotive Rentals, 115 A.D.2d 596 ; Mideal Homes Corp. v. L C Concrete Work, 90 A.D.2d 789 ). The interests of justice and judicial economy are better served by a joint trial in those cases where, as here, the actions share material questions of law or fact (see, Megyesi v. Automotive Rentals, supra, at 596; Import Alley of Mid-Island v. Mid-Island Shopping Plaza, 103 A.D.2d 797 ; Mideal Homes Corp. v. L C Concrete Work, supra, at 789).

RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SCHMIDT, JJ., concur.


Summaries of

J a Vending, Inc. v. J.A.M. Vending, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 505 (N.Y. App. Div. 2000)
Case details for

J a Vending, Inc. v. J.A.M. Vending, Inc.

Case Details

Full title:J A VENDING, INC., appellant, v. J.A.M. VENDING, INC., respondent (and a…

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

Date published: Jan 24, 2000

Citations

268 A.D.2d 505 (N.Y. App. Div. 2000)
701 N.Y.S.2d 670

Citing Cases

DiLascio v. Alvarez

A motion pursuant to CPLR 602 to consolidate actions or to join separate actions for trial rests in the sound…

Alizio v. Perpignano

. "[A] motion seeking a joint trial pursuant to CPLR 602 (a) rests within the sound discretion of the trial…