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Consolidation and Joint Trial Explained​

The Second Department explained the criteria for a motion to consolidate and explained when consolidation, as opposed to joining two actions for trial, is not appropriate:

“A motion to consolidate two or more actions rests within the sound discretion of the trial court” (… see CPLR 602). “Where common questions of law or fact exist, consolidation is warranted unless the opposing party demonstrates prejudice to a substantial right” … . * * *

…[A]ctions should be joined for trial, rather than consolidated, [when] certain parties would appear as both the plaintiff and the defendant if the actions were consolidated, and the actions involve certain different defendants … .  Matter of Joseph J, 2013 NY Slip Pp. 03676, 2nd Dept, 5-22-13

 

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