Legal Opinion
Ryckman v. Schlessinger-Levi-Polatsch-Tydings
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1996PublishedCited by 6 opinions
1Opinion of the Court
It is well established that the question of whether to direct a joint trial rests with the sound discretion of the trial court. When there are common questions of law or fact, a joint trial is warranted unless the opposing party demonstrates prejudice to a substantial right (see, CPLR 602; North Side Sav. Bank v Nyack Waterfront Assocs., 203 AD2d 439; Heck v Waldbaum’s Supermarkets, 134 AD2d 568).
Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion by directing a joint *604trial only on the issue of the dates of the alleged negligence of the…
2Cases cited2 opinions
- Heck v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- North Side Savings Bank v. Nyack Waterfront AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- American Home Mortgage Servicing, Inc. v. SharrocksAppellate Division of the Supreme Court of the State of New York · 2012
- Pierre-Louis v. DeLonghi America, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Alizio v. PerpignanoAppellate Division of the Supreme Court of the State of New York · 2010
- Rahman v. MillerAppellate Division of the Supreme Court of the State of New York · 1999
- Fransen v. ManiscalcoAppellate Division of the Supreme Court of the State of New York · 1998
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