Suarez v. Home Dynamix, LLC

2017 NY Slip Op 1641, 148 A.D.3d 429, 47 N.Y.S.3d 711

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 2, 2017
• Docket: 3321N 309840/11
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered October 26, 2015, which denied plaintiff’s motion to consolidate this action, based on a 2010 automobile accident, with a Queens County action also brought by plaintiff, based on a 2012 automobile accident, unanimously affirmed, without costs.

The two actions involved separate accidents, separate defendants, different alleged injuries, and unique issues of fact. Accordingly, Supreme Court did not abuse its discretion in denying plaintiff’s motion to consolidate the two actions (see McGee v Cataldi, 169 AD2d 822 [2d Dept 1991]).

Concur— Friedman, J.R, Andrias, Feinman, Kapnick and Gesmer, JJ.