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KAY v. KRITZER

298 A.D.2d 560 (2002)

748 N.Y.S.2d 679

MITCHELL N. KAY, Appellant, v. DAVID S. KRITZER, Respondent. (Action No. 1.) GOODMAN & GOODMAN, ESQS., Respondents, v. MITCHELL N. KAY, Appellant, and DAVID S. KRITZER, Respondent. (Action No. 2.)

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

Decided October 28, 2002.

Ordered that the order is reversed, as a matter of discretion, with one bill of costs, the motion is granted, the actions shall be jointly tried in Nassau County, and the Clerk of the Supreme Court, Suffolk County, shall forthwith deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in Action No. 2 and certified copies of all minutes and entries (see CPLR 511 [d]).

"Absent a showing of prejudice, a motion * * * for a joint trial pursuant...

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