Smith v. Smith

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced an action seeking damages for personal injuries sustained by Melody Smith (plaintiff) in an automobile accident (action No. 1). Defendants therein moved to consolidate that action with a medical malpractice action subsequently commenced by plaintiffs against a physician who treated plaintiff for the injuries she sustained in the automobile accident (action No. 2). Supreme Court did not abuse its discretion in denying the motion (see, Dias v Berman, 188 AD2d 331). Where common questions of law or fact exist, consolidation…