Weiner v. New York Property Insurance Underwriting Ass'n

Appeal from an order of the Supreme Court at Special Term, entered April 30, 1979 in Ulster County, which consolidated five actions for joint trial. When two or more actions are pending before a court and they involve "a common question of law or fact”, CPLR 602 (subd [a]) provides that the court may, on motion, consolidate them or, as here, order them jointly tried. The motion lies in the discretion of the court, and the burden is on the party resisting the motion to show that it would prejudice him (Maigur v Saratogian, Inc., 47 AD2d 982). Each of the five actions herein raise common…