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WHERE, AS HERE, A PARTY IS A DEFENDANT IN ONE ACTION AND A PLAINTIFF IN ANOTHER ACTION, BOTH OF WHICH STE,M FROM THE SAME TRAFFIC ACCIDENT, THE ACTIONS SHOULD BE CONSOLIDATED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the two actions stemming from a single traffic accident should have been consolidated. Decedent leased a truck from defendant Travis and had an accident. Decedent sued Travis alleging negligent maintenance of the truck, Travis sued decedent for the damage to the truck. The two actions should have been consolidated:

CPLR 602(b) provides that “[w]here an action is pending in the supreme court it may, upon motion, remove to itself an action pending in another court and consolidate it or have it tried together with that in the supreme court.” Although a motion pursuant to CPLR 602 “is addressed to the sound discretion of the trial court, consolidation or joinder for trial is favored to avoid unnecessary duplication of trials, save unnecessary costs and expense, and prevent an injustice which would result from divergent decisions based on the same facts. Where common questions of law or fact exist, a motion . . . to consolidate [or for a joint trial] should be granted, absent a showing of prejudice to a substantial right by the party opposing the motion” … .

Here, the two actions involve significant common questions of law and fact; a failure to try them jointly would result in a duplication of trials, unnecessary costs and expense, and a danger of an injustice resulting from divergent decisions; and there has been no showing of prejudice by Travez … . Sherpa v Ford Motor Co., 2023 NY Slip Op 02550, Second Dept 5-10-23

Practice Point: Where two actions arise from the same traffic accident and a party is a defendant in one action and a plaintiff in the other, the actions should be consolidated pursuant to CPLR 602(b).

 

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