Zimmerman v. Mansell

Order unanimously reversed on the law with costs and motion granted. Memorandum: Defendant Scott Mansell appeals from the denial of his motion to join this action for trial with two other actions that arose from the same automobile accident. We conclude that denial of the motion for joint trials was an improvident exercise of discretion.

Although a motion for joint trials is addressed to the sound discretion of the trial court, the motion should be granted where there are common issues of law or fact unless the party *1085resisting joint trials demonstrates prejudice to a substantial right (see,…