TORTORELLO v. CARLIN


182 A.D.2d 524 (1992)

Margaret Tortorello, Respondent, v. Larry M. Carlin et al., Doing Business as Carlin & Newton, Appellants. Margaret Tortorello, Respondent, v. Richard Tortorello, Defendant. Carlin & Newton, Nonparty Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1992


Plaintiff's action for legal malpractice and defendant's action for legal fees involve common questions of law and fact making consolidation appropriate (CPLR 602 [a]; Cornell v Reed, 35 A.D.2d 809). There is no merit to defendant's argument that consolidation should be denied because its action for legal fees is not triable before a jury. Nor is there merit to defendant's argument that...

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