Brown v. Cope Bestway Express, Inc.
Cases that cite this one
10 later published cases cite this decision.
- Jimenez v. Benson (Appellate Division of the Supreme Court of New York 2020)
- Longo v. Fogg (Appellate Division of the Supreme Court of New York 2017)
- Castro v. Durban (Appellate Division of the Supreme Court of New York 2015)
- Nova Casualty Co. v. Rpe, LLC (Appellate Division of the Supreme Court of New York 2014)
- Nova Casualty Co. v. Rpe, LLC (Appellate Division of the Supreme Court of New York 2014)
- Windward Bora, LLC v. Home Funds Direct (Appellate Division of the Supreme Court of New York 2025)
- Gutama v. Central Transp., LLC (Appellate Division of the Supreme Court of New York 2025)
- Arduino v. Molina-Ovando (Appellate Division of the Supreme Court of New York 2016)
- County of Westchester v. White Plains Avenue, LLC (Appellate Division of the Supreme Court of New York 2013)
- County of Westchester v. White Plains Avenue, LLC (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
“Where common questions of law or fact exist, a motion to consolidate or for a joint trial pursuant to CPLR 602 (a) should be granted absent a showing of prejudice to a substantial right
It is undisputed that these two actions arose out of the same incident and involve common questions of law and fact. The Supreme Court properly found that the interests of justice and judicial economy warranted relief under CPLR 602 (a). Nevertheless, inasmuch as it was not controverted that Eisenberg, who resides in Nassau County, suffered serious injuries that make her unable to attend a trial in Monroe County, we conclude, in the exercise of our discretion, that venue should be placed in Nassau County (see Messina v Upper Hudson Primary Care Consortium, Inc., 26 AD3d 698, 699 [2006]; DeGregorio v DeGregorio, 251 AD2d at 366-367). Moreover, because the two actions involve different plaintiffs, a joint trial, rather than consolidation, is the appropriate method of achieving the goal of avoiding the unnecessary duplication of proceedings (see Mas-Edwards v Ultimate Servs., Inc., 45 AD3d at 541; Perini Corp. v WDF, Inc., 33 AD3d at 606-607; T T Enters. v Gralnick, 127 AD2d 651, 652 [1987]). Finally, a joint trial of action No. 1 and action No. 2 will not prejudice any of Brown’s substantial rights (see Whiteman v Parsons Transp. Group of N.Y., Inc., 72 AD3d 677, 678 [2010]). Dillon, J.R, Balkin, Belen and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.