Williams v. City of New York

Full title: DEREK WILLIAMS, Respondent, v. CITY OF NEW YORK et al., Defendants, and…

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

Date published: Mar 4, 1993

191 A.D.2d 217 (N.Y. App. Div. 1993)

594 N.Y.S.2d 200

Opinion

March 4, 1993

Appeal from the Supreme Court, Bronx County (Lewis R. Friedman, J.).

The IAS Court did not abuse its discretion in consolidating these actions for negligent street maintenance and medical malpractice, the malpractice action alleging aggravation of the injury alleged in the negligence action (see, Gomez v. New York City Hous. Auth., 161 A.D.2d 190). The issues of negligence and deviation from proper medical care are not so complex as to be confusing to a jury; thus we perceive no risk of prejudice to the only defendant in the malpractice action who objects to consolidation (compare, C.K.S. Ice Cream Co. v. Frusen Gladje Franchise, 172 A.D.2d 206, 208-209), and no material witnesses will be inconvenienced by a trial in Bronx County, the situs of the accident and the courthouse nearest to where all medical treatment was received.

Concur — Sullivan, J.P., Wallach, Kupferman, Kassal and Rubin, JJ.