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KUKIELKA v. SANTANA

Index No. 153101/18. Appeal No. 13142N. Case No. 2020-1700.

191 A.D.3d 532 (2021)

138 N.Y.S.3d 335

2021 NY Slip Op 01000

William Kukielka et al., Plaintiffs, v. Ralph Santana et al., Defendants. Fairmont Insurance Brokers, LTD., Nonparty Appellant.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Babchik & Young, LLP, White Plains ( Lapo Torrini of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

"[T]here is a preference for consolidation in the interest of judicial economy where there are common questions of law and fact, unless the party opposing the motion demonstrates that consolidation will prejudice a substantial right" (Geneva Temps, Inc. v New World Communities, Inc., 24 A.D.3d 332, 334 [1st Dept 2005]). "[D]eference is accorded to the motion's court discretion" (Lema...

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