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MATTIA v. FOOD EMPORIUM, INC.

259 A.D.2d 527 (1999)

686 N.Y.S.2d 473

TERESA MATTIA et al., Appellants, v. FOOD EMPORIUM, INC., Respondent.

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

Decided March 8, 1999.

Ordered that the order is affirmed, with costs.

A motion to consolidate actions or for a joint trial pursuant to CPLR 602 (a) rests in the sound discretion of the trial court. Absent a showing of prejudice to a substantial right by a party opposing the motion, consolidation should be granted where common questions of law or fact exist. In addition, where actions commenced in different counties have been consolidated pursuant to CPLR 602, the venue should be placed...

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