McGinty v. Structure-Tone
Appellate Division of the Supreme Court of the State of New York
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
- Kelly v. YannottiNew York Court of Appeals · 1958
- Garcia v. Gesher Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- McDavid v. GunnigleAppellate Division of the Supreme Court of the State of New York · 1975
- Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Bridger v. DonaldsonNew York Court of Appeals · 1971
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3Cited by3 opinions
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- Gillard v. ReidAppellate Division of the Supreme Court of the State of New York · 2016
- Lema v. 1148 Corp.Appellate Division of the Supreme Court of the State of New York · 2019