Summary
In Mania, supra, the Second Department held "[a] motion to consolidate actions or for a joint trial pursuant to CPLR 602 (a) rests in the sound discretion of the trial court.
Summary of this case from Edgar v. EdgarOpinion
March 8, 1999
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is affirmed, with costs.
A motion to consolidate actions or for a joint trial pursuant to CPLR 602 (a) rests in the sound discretion of the trial court. Absent a showing of prejudice to a substantial right by a party opposing the motion, consolidation should be granted where common questions of law or fact exist. In addition, where actions commenced in different counties have been consolidated pursuant to CPLR 602, the venue should be placed in the county where the first action was commenced, unless special circumstances are present, which decision is also addressed to the sound discretion of the court ( see, McDutchess Bldrs. v. Dutchess Knolls, 244 A.D.2d 534; Rodgers v. Worrell, 214 A.D.2d 553; Gomez v. Jersey Coast Egg Producers, 186 A.D.2d 629). In this case, we find no basis to disturb the Supreme Court's decision to jointly try the actions in Westchester County.
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.