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197 Merrick Rd. v. 185 Merrick Rd. Associates

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 551 (N.Y. App. Div. 1989)

Opinion

July 3, 1989

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the order is affirmed, with one bill of costs to the respondents in action No. 1 and the plaintiff-respondent in action No. 2 appearing separately and filing separate briefs.

We find unpersuasive the appellants' contention that the Supreme Court erred in denying their application to consolidate the actions. The record indicates that action No. 1 was commenced against the appellants because certain excavation and construction work in which they were involved allegedly violated a license agreement and interfered with the operations of a neighboring business. Conversely, action No. 2 was commenced against the appellants to recover for the injury and death of an excavation worker which allegedly resulted from the appellants' negligence and their violation of certain Labor Law provisions. The appellants have failed to demonstrate that these two disparate actions share any significant common questions of law and fact so as to warrant consolidation or a joint trial (see, CPLR 602 [a]). Moreover, the issues and applicable legal principles in the respective actions are so dissimilar that joinder or consolidation would be of little or no benefit (see, e.g., Gouldsbury v Dan's Supreme Supermarket, 138 A.D.2d 675). Accordingly, the denial of the application was not an improvident exercise of discretion (see, Hutton Co. v Tretiak, 140 A.D.2d 294; Brown v Brooklyn Union Gas Co., 137 A.D.2d 479). Bracken, J.P., Rubin, Spatt and Sullivan, JJ., concur.


Summaries of

197 Merrick Rd. v. 185 Merrick Rd. Associates

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 551 (N.Y. App. Div. 1989)
Case details for

197 Merrick Rd. v. 185 Merrick Rd. Associates

Case Details

Full title:197 MERRICK ROAD CORP. et al., Respondents, v. 185 MERRICK ROAD ASSOCIATES…

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

Date published: Jul 3, 1989

Citations

152 A.D.2d 551 (N.Y. App. Div. 1989)
543 N.Y.S.2d 482

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