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BETANCOURT v. CITY OF NEW YORK

9462N, 24776/15.

172 A.D.3d 624 (2019)

98 N.Y.S.3d 846

2019 NY Slip Op 04119

Leigh Betancourt, Appellant, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 28, 2019.

The court providently exercised its discretion in denying the motion to consolidate the two actions, as there are insufficient common questions of law and fact (see J. Henry Schroder Bank & Trust Co. v South Ferry Bldg. Co., 88 A.D.2d 570, 571 [1st Dept 1982]; CPLR 602 [a]). The 2015 action arises from an assault by a student and is based in negligence, while the 2017 action arises out of an accident with an alleged defective...

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