Summary
In Abrams, where a Civil Court action, sought to be consolidated, has been placed on the trial calendar whereas a Supreme Court action has barely advanced to the discovery phase, the Court stated that consolidation would delay both the resolution of the Civil Court action and the trial of the consolidated action.
Summary of this case from City of New York v. American Home Assur. Co.Opinion
2111
November 6, 2003.
Order, Supreme Court, New York County (Marcy Friedman, J.), entered on or about June 26, 2003, which denied plaintiff's motion to consolidate this action with one pending in Civil Court, unanimously affirmed, without costs.
Robert M. Ginsberg, for plaintiff-appellant.
Joan Frances Bennett, for defendant-respondent.
Before: Buckley, P.J., Tom, Ellerin, Williams, JJ.
Even where there are common questions of law or fact, consolidation is properly denied if the actions are at markedly different procedural stages and consolidation would result in undue delay in the resolution of either matter (F K Supply v. Johnson, 197 A.D.2d 814, 814-815; Steuerman v. Broughton, 123 A.D.2d 681) . The Civil Court action sought to be consolidated has been placed on the trial calendar, whereas this action has barely advanced to the discovery phase. Since consolidation would delay both the resolution of the Civil Court action and trial of the consolidated action, denial of the motion was an appropriate exercise of discretion.
We have examined plaintiff's remaining contentions and find them to be unavailing.
Motion seeking leave to enlarge record granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.