Dukhvalov v. Pshierer

Appellate Division of the Supreme Court of New York

Dukhvalov v. Pshierer

15 A.D.3d 334, 789 N.Y.S.2d 521, 2005 N.Y. App. Div. LEXIS 1403

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 2005

StatusPublished

Cited by2 cases

This text of 15 A.D.3d 334 (Dukhvalov v. Pshierer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dukhvalov v. Pshierer, 15 A.D.3d 334, 789 N.Y.S.2d 521, 2005 N.Y. App. Div. LEXIS 1403 (N.Y. Ct. App. 2005).

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Opinion

In related actions to recover damages for wrongful death and pain and suffering, etc., Frankie & Johnnie’s Steakhouse and F & J Steaks Rye, LLC, doing business as Frankie & Johnnie’s Steakhouse, the defendants in action No. 2, appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated April 30, 2004, which granted the motion of GMAC Leasing Corporation, a defendant in action No. 1, to consolidate the two actions.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondent’s motion to consolidate the two actions, where, as here, both actions involve common questions of law and fact, and the appellants failed to demonstrate that prejudice to a substantial right would result from consolidation (see CPLR 602 [a]; Corporate Interiors v Pappas, 297 AD2d 306 [2002]; I. Burack, Inc. v Rosner’s Supply Corp., 236 AD2d 518 [1997]; Flaherty v RCP Assoc., 208 AD2d 496, 498 [1994]; Zupich v Flushing Hosp. & Med. Ctr., 156 AD2d 677 [1989]). H. Miller, J.P, Schmidt, Ritter, Crane and Skelos, JJ., concur.

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In related actions to recover damages for wrongful death and pain and suffering, etc., Frankie & Johnnie’s Steakhouse and F & J Steaks Rye, LLC, doing business as Frankie & Johnnie’s Steakhouse, the defendants in action No. 2, appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated April 30, 2004, which granted the motion of GMAC Leasing Corporation, a defendant in action No. 1, to consolidate the two actions.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondent’s motion to consolidate the two actions, where, as here, both actions involve common questions of law and fact, and the appellants failed to demonstrate that prejudice to a substantial right would result from consolidation (see CPLR 602 [a]; Corporate Interiors v Pappas, 297 AD2d 306 [2002]; I. Burack, Inc. v Rosner’s Supply Corp., 236 AD2d 518 [1997]; Flaherty v RCP Assoc., 208 AD2d 496, 498 [1994]; Zupich v Flushing Hosp. & Med. Ctr., 156 AD2d 677 [1989]). H. Miller, J.P, Schmidt, Ritter, Crane and Skelos, JJ., concur.

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Bluebook (online)

15 A.D.3d 334, 789 N.Y.S.2d 521, 2005 N.Y. App. Div. LEXIS 1403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dukhvalov-v-pshierer-nyappdiv-2005.

Opinion

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