GLUSSI v. FORTUNE BRANDS, INC.


276 A.D.2d 586 (2000)

714 N.Y.S.2d 516

EILEEN GLUSSI et al., Respondents, v. FORTUNE BRANDS, INC., Formerly Known as AMERICAN BRANDS, INC., et al., Appellants, et al., Defendants. (Action No. 1.) JEFFREY DAVIS et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 2.) BONNIE APOSTOLOU et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 3.) ALFRED ANASTASI et al., Respondents, v. LORILLARD TOBACCO COMPANY et al., Appellants. (Action No. 4.) MARY SHEARD et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 5.) LORRAINE SPRUNG et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 6.) ALLEN LITMAN et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 7.) ANTOINETTE PAPALEO et al., Respondents, v. AMERICAN TOBACCO COMPANY et al., Appellants. (Action No. 8.)

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

Decided October 16, 2000.


Ordered that the order is reversed, with one bill of costs, and the motion is denied.

It is well settled that a motion seeking a joint trial pursuant to CPLR 602 (a) rests within the sound discretion of the trial court (see, J & A Vending v J.A.M. Vending, 268 A.D.2d 505; Mattia v Food Emporium, 259 A.D.2d 527; Fransen v Maniscalco, 256 A.D.2d 305

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