Harvey v. Harvey

The petitioner also sought an order from the single justice consolidating the divorce action and a tort action that the petitioner had commenced in the Superior Court for Essex County. That request was properly denied because the petitioner failed to demonstrate that there was no other avenue by which he could have sought consolidation. See Greco v. Plymouth Sav. Bank, 423 Mass. 1019, 1019 (1996) (“Relief under G. L. c. 211, § 3, is properly denied where there are adequate and effective routes other than c. 211, § 3, by which the petitioning party may seek relief’); Martineau v. Department of…