Legal Opinion

Stein v. Waldbaum's Supermarket

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1995PublishedCited by 1 opinion

1Opinion of the Court

—In two related negligence actions to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Shaw, J.), dated September 14, 1994, which denied their motion to consolidate the actions pursuant to CPLR 602.

Ordered that the order is affirmed, with costs.

The court’s denial of the plaintiffs’ motion to consolidate the actions was not an improvident exercise of discretion (see, Zacharias v Waldbaum, Inc., 208 AD2d 528; Doll v Castiglione, 86 AD2d 711). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.

2Cases cited2 opinions

  1. Doll v. CastiglioneAppellate Division of the Supreme Court of the State of New York · 1982
  2. Zacharias v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. Varnakov v. MalikhinAppellate Division of the Supreme Court of the State of New York · 1999