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Mark G. v. Sabol

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 185 (N.Y. App. Div. 1997)

Opinion

June 5, 1997

Appeal from the Supreme Court, New York County (Walter Tolub, J.).


The IAS Court properly exercised its discretion in denying the motion. The claims in the two actions are sufficiently intertwined that one trial is both appropriate and judicially efficient ( see, Erbach Fin. Corp. v. Royal Bank, 203 A.D.2d 80). Furthermore, plaintiffs have failed to demonstrate prejudice with respect to any substantial right, or that the limited discovery sought by the third-party defendants would unduly delay the trial, particularly since the court addressed such contingency, stating that "if discovery is not completed by the time this action is to be tried then the plaintiffs may renew this application, which would be viewed favorably by the Court."

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.


Summaries of

Mark G. v. Sabol

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 185 (N.Y. App. Div. 1997)
Case details for

Mark G. v. Sabol

Case Details

Full title:MARK G. et al., Appellants, v. BARBARA SABOL et al., Respondents and…

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

Date published: Jun 5, 1997

Citations

240 A.D.2d 185 (N.Y. App. Div. 1997)
658 N.Y.S.2d 864

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