Legal Opinion

Daibes v. Cheng

New York Supreme Court

Decided August 31, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Charles J. Markey, J.

This personal injury action, stemming from a multivehicle collision, raises interesting issues regarding consolidation, venue, comity, judicial economy, the avoidance of forum shopping, and a seeming conflict between the “first-in-time rule” and the convenience of material witnesses where actions have been filed in two or more counties concerning the same set of facts. The novel aspect of this motion to consolidate and to transfer venue is that prior to the institution of the aforecaptioned action in this court, the second lawsuit in this litigation, a…

2Cases cited20 opinions

  1. L-3 Communications Corp. v. SafeNet, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Jansen v. BernhangAppellate Division of the Supreme Court of the State of New York · 1989
  3. Lafferty v. Eklecco, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  4. Morales v. Coram Materials Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Mei Ying Wu v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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