U.S. Ice Cream Corp. v. Carvel Corp.

Full title: U.S. ICE CREAM CORP. et al., Respondents, v. CARVEL CORPORATION…

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

Date published: Feb 16, 1993

190 A.D.2d 790 (N.Y. App. Div. 1993)

593 N.Y.S.2d 840

Opinion

February 16, 1993

Appeal from the Supreme Court, Westchester County (Nastasi, J.).

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

The Supreme Court did not improvidently exercise its discretion in denying the appellant's motion for consolidation or for a joint trial of this action with another action pending before the court (see, CPLR 602 [a]; Continental Bldg. Co. v Town of N. Salem, 150 A.D.2d 518; cf., Zupich v Flushing Hosp. Med. Ctr., 156 A.D.2d 677). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.