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LEMA v. 1148 CORP.

10264N, 12228/17, 150316/18, 31184/17E, 150221/18E.

176 A.D.3d 653 (2019)

111 N.Y.S.3d 300

2019 NY Slip Op 07866

Jesus Lema et al., Appellants-Respondents, v. The 1148 Corporation, Respondent. (And Other Actions.) Fireman's Fund Insurance Company, as Subrogee of The 1148 Corporation, Respondent, v. Montano Wood Care, Corp., Respondent-Appellant.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellants-respondents.

Lewis Johs Avallone Aviles, LLP, New York ( David Metzger of counsel), for respondent-appellant.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Karin McCarthy of counsel), and Sheps Law Group P.C., Huntington ( Robert C. Sheps of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.

There is a preference to join cases for discovery and trial in the interests of judicial economy and ease of decision-making where there are common questions of law and fact, unless the party opposing the motion demonstrates that joint trial will prejudice a substantial right; deference is accorded to the motion court's discretion (see CPLR 602[a]; Raboy v McCrory Corp., 210 A.D.2d 145, 147 [1st Dept 1994]; Matter of Hill...

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