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RAHMAN v. MILLER

257 A.D.2d 654 (1999)

684 N.Y.S.2d 580

JAMES RAHMAN et al., Plaintiffs, v. CHARLES MILLER et al., Respondents, et al., Defendants. (Actions Nos. 1 and 2.) YARDARM BEACH CONDOMINIUM II, Respondent, v. GARY D. SALT et al., Defendants, and CLAIR ODELL GROUP INSURANCE, Appellant. (Action No. 3.) RICHARD S. JOSEPH et al., Plaintiffs, v. BOARD OF MANAGERS OF YARDARM BEACH CONDOMINIUM II, Respondent. (Action No. 4.) ROBERT GOLDSTEIN et al., Plaintiffs, v. CHARLES MILLER, Respondent. (Action No. 5.) JEROD A. ROSENTHAL et al., Plaintiffs, v. CHARLES MILLER et al., Respondents. (Action No. 6.) LARRY BRONSON et al., Plaintiffs, v. CHARLES MILLER et al., Respondents, et al., Defendants. (Action No. 7.)

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

Decided January 25, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in directing a joint trial since there exists a common question of fact regarding the relative fault of the parties in Action No. 3 in their failure to procure a policy to provide coverage for the benefit of the plaintiffs in Action Nos. 1, 2, and 4 through 7 which would have...

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