Vojtech Blau, Inc. v. Sara

OPINION OF THE COURT

Stephen G. Crane, J.

This motion for consolidation is denied. The cross motion for a joint trial is granted.

Action No. 1 is already the result of consolidation of two separate actions. Action No. 2, commenced as the Statute of Limitations period was ending, is the method its plaintiff used to draw in a party it had only just learned of in depositions in action No. 1.

These claims arise out of a single occurrence, a bursting pipe in the office of Lloyd Sara, D.D.S., causing property damage to merchandise and other property owned by Vojtech Blau, Inc. (VBI). VBI was insured…