Legal Opinion

Arnheim v. Prozeralik

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

Decided March 12, 1993PublishedCited by 3 opinions

1Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: We conclude that Supreme Court did not abuse its discretion in joining the two actions for trial. The power to order joint trials rests in the sound discretion of the trial court (Ventures Intl. v Uppstrom, 166 AD2d 321) and where common questions of law or fact exist, consolidation or joint trial is warranted unless the parties opposing the motion demonstrate prejudice to a substantial right (Berman v Greenwood Vil. Community Dev., 156 AD2d 326, 326-327). The defense of truth interposed in the answer to plaintiffs’ first action for slander…

2Cases cited4 opinions

  1. Padilla v. Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
  2. Berman v. Greenwood Village Community Development, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Newell v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Ventures International v. UppstromAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Birnbaum v. GiangualanoAppellate Division of the Supreme Court of the State of New York · 2014
  2. Birnbaum v. GiangualanoAppellate Division of the Supreme Court of the State of New York · 2014
  3. GIANGUALANO, NICHOLAS v. BIRNBAUM, JAY B.Appellate Division of the Supreme Court of the State of New York · 2014

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