Opinion
October 23, 1990
Appeal from the Supreme Court, New York County (William J. Davis, J.).
A motion to try the actions jointly is one directed to the sound discretion of the trial court. (Inspiration Enters. v Inland Credit Corp., 54 A.D.2d 839, 840, appeal dismissed 40 N.Y.2d 1014.) While this court may substitute its discretion for that of the trial court and grant consolidation in the interest of justice and judicial economy (Heck v. Waldbaum's Supermarkets, 134 A.D.2d 568, 569), the present case does not warrant such relief. While both actions arose out of Uppstrom's transportation of certain works of art belonging to Galleri Bellman, Inc. to Europe, the actions present different questions of law and fact. Further, it is apparent that the parties to action No. 1, having stipulated, in essence, to discontinuance of that action with prejudice in March 1990, no longer wish to litigate the issues raised therein. A motion to consolidate action No. 1 with action No. 2 by a nonparty to action No. 1 is not a proper method in which to resuscitate action No. 1.
Concur — Kupferman, J.P., Asch, Smith and Rubin, JJ.