Lamboy v. Inter Fence Co.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 6, 1992, which denied plaintiffs-appellants’ motion to remove from Civil Court, Bronx County an action entitled Travelers Indem. Co. v Lamboy, and to consolidate it with the instant action, unanimously reversed, on the law, and the motion granted, without costs.

Absent a showing of prejudice to a substantial right, the existence of common questions of law or fact justifies the grant of a motion for consolidation (CPLR 602 [a]). The instant personal injury action arises out of the same automobile accident as a separate…