NILES v. LONG ISLAND RAIL ROAD


291 A.D.2d 538 (2002)

738 N.Y.S.2d 242

GREGORY NILES, an Infant, by His Father and Natural Guardian, DAVID NILES, et al., Appellants, v. LONG ISLAND RAIL ROAD, Defendant and Third-Party Plaintiff-Respondent. SHEREEM GREEN, an Infant, by His Mother and Natural Guardian, SANDRA GREEN, et al., Third-Party Defendants-Respondents.

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

Decided February 25, 2002.


Ordered that the order is affirmed, with costs.

Absent a showing of prejudice, a motion to consolidate actions or for a joint trial pursuant to CPLR 602 (a) should be granted where there are common questions of law or fact (see, Spector v Zuckermann, 287 A.D.2d 704; Mattia v Food Emporium, 259 A.D.2d 527). Moreover, where actions...

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