Legal Opinion
Bernstein v. Silverman
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1996PublishedCited by 4 opinions
1Opinion of the Court
The denial of the consolidation motion was an abuse of discretion. The two actions at issue, the first of which is for legal fees, with counterclaims alleging legal malpractice, and the second of which seeks legal fees already paid pursuant to a fee-sharing arrangement, involve common legal and factual questions, such that consolidation is appropriate (Tortorello v Carlin, 182 AD2d 524, 525; Berman v Greenwood Vil. Community Dev., 156 AD2d 326, 327; Maigur v Saratogian, Inc., 47 AD2d 982). Both actions are in the early stages of discovery and will not be unduly delayed if consolidated, both…
2Cases cited5 opinions
- T T Enterprises v. GralnickAppellate Division of the Supreme Court of the State of New York · 1987
- Maigur v. Saratogian, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Toro v. GracinAppellate Division of the Supreme Court of the State of New York · 1989
- Berman v. Greenwood Village Community Development, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Geneva Temps, Inc. v. New World Communities, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Amcan Holdings, Inc. v. Torys LLPAppellate Division of the Supreme Court of the State of New York · 2006
- Lopez v. ChaliwitAppellate Division of the Supreme Court of the State of New York · 2000
- Williams v. Rockefeller Center PropertiesAppellate Division of the Supreme Court of the State of New York · 2001