Legal Opinion

McGinty v. Structure-Tone

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 2016No. 1412N 307933/08 84116/09 653776/15PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered January 28, 2016, which denied Eurotech Construction Corp.’s motion to join QBE Insurance Corp. as a party to a personal injury action and consolidate the personal injury action with Eurotech’s coverage action against QBE, unanimously affirmed, without costs.

The two actions sought to be consolidated, i.e., a personal injury action and an insurance coverage action, do not involve common questions of law or fact (CPLR 602 [a]); they involve different contracts, different parties, and different factual issues (see H. H.…

2Cases cited6 opinions

  1. Kelly v. YannottiNew York Court of Appeals · 1958
  2. Garcia v. Gesher Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. McDavid v. GunnigleAppellate Division of the Supreme Court of the State of New York · 1975
  4. Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Bridger v. DonaldsonNew York Court of Appeals · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Cascade Builders Corp. v. RugarAppellate Division of the Supreme Court of the State of New York · 2017
  2. Gillard v. ReidAppellate Division of the Supreme Court of the State of New York · 2016
  3. Lema v. 1148 Corp.Appellate Division of the Supreme Court of the State of New York · 2019

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