Bradford v. John A. Coleman Catholic High School

— Casey, J.

Defendants contend that Special Term erred in consolidating the negligence actions by different plaintiffs seeking to recover for injuries sustained in two separate football games. We agree.

“The power to order consolidation rests in the sound discretion of the court and, where common questions of law or fact exist, consolidation is warranted unless the party opposing consolidation demonstrates prejudice to a substantial right” (Cushing v Cushing, 85 AD2d 809), but “[t]he threshold requirement for consolidation is a plain identity between the issues involved in the controversies”…