In view of the circumstance that plaintiff's action and the other DES actions with which it is to be jointly tried pursuant to the appealed order share common questions of law and fact, and that defendants failed to demonstrate that a joint trial of the subject DES actions would be prejudicial to them, joinder of the actions for trial constituted a proper exercise of Trial Term's discretion (see, CPLR 602 [a]; Heck v Waldbaum's Supermarkets,
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MATTER OF NEW YORK COUNTY DES LITIGATION
277 A.D.2d 158 (2000)
716 N.Y.S.2d 305
In the Matter of NEW YORK COUNTY DES LITIGATION. ALISON MULDOON, Respondent, v. ABBOTT LABORATORIES et al., Defendants, and WEST-WARD, INC., Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 28, 2000.
Decided November 28, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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