Legal Opinion
Williams v. Mascitti
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1979PublishedCited by 7 opinions
1Opinion of the Court
Orders unanimously reversed, without costs, and motion granted. Memorandum: It was an improvident exercise of discretion for Special Term to deny a joint trial or to condition its approval thereof upon stipulation that defendants waive a jury. The pleadings disclose a commonality of context from which both actions emanate. While a lengthy prejudicial delay resulting from joinder would require denial of the motion, plaintiffs have failed to show delay which would prejudice a substantial right of defendants. The burden of showing that joinder will prejudice a substantial right rests upon the…
2Cases cited3 opinions
- L. G. J. K. Realty Corp. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- 146 North Salina Street, Inc. v. Unigard Jamestown Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- City of Rochester v. LevinAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Mideal Homes Corp. v. L & C Concrete Work, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Business Council of New York State, Inc. v. CooneyAppellate Division of the Supreme Court of the State of New York · 1984
- Harby Associates, Inc. v. SeaboyerAppellate Division of the Supreme Court of the State of New York · 1981
- Held v. BallAppellate Division of the Supreme Court of the State of New York · 1986
- 1202 Realty Assoc. v. EvansCivil Court of the City of New York · 1984
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