Absent a showing of prejudice to a substantial right, the existence of common questions of law or fact justifies the grant of a motion for consolidation (CPLR 602 [a]). The instant personal injury action arises out of the same automobile accident as a separate action brought in Civil Court for property damage and both actions necessarily involve the same issues of liability. Further, Travelers Indemnity Co., plaintiff, as subrogee, in the Civil Court action has failed to...
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