Opinion
October 3, 1994
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the facts of these two cases, the court properly exercised its discretion in denying the plaintiffs' motion for a joint trial. Although both of these cases involve similar back injuries that allegedly occurred 4 years apart, the plaintiffs failed to allege specifically that the second accident had aggravated the injury caused by the first accident. The plaintiffs also failed to submit an affidavit from a treating physician to support such an allegation (see, Boyman v. Bryant, 133 A.D.2d 802; McIver v. Canning, 204 A.D.2d 698; Heck v Waldbaum's Supermarkets, 134 A.D.2d 568, 569; Dolce v. Jones, 145 A.D.2d 594; cf., Melendez v. Presto Leasing, 161 A.D.2d 501; Richardson v. Uess Leasing Corp., 191 A.D.2d 394). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.