Skip to main content

126 Misc. 2d 99; 481 N.Y.S.2d 208; 1984 N.Y. Misc. LEXIS 3556

Citation
126 Misc. 2d 99; 481 N.Y.S.2d 208; 1984 N.Y. Misc. LEXIS 3556
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,465 chars
Other than its assertion of waiver, petitioner has neither alleged nor shown that any of its substantial rights would be prejudiced if these matters were tried jointly. An action triable by jury may be consolidated or tried jointly with one triable without a jury (Shlansky & Bro. v Grossman, 273 App Div 544, supra; Meuer v Horowitz, 20 NYS2d 780; 2 Weinstein-KornMiller, NY Civ Prac, par 602.11), even where some of the parties have waived their right to a jury trial. (See Inspiration Enterprises v Inland Credit Corp., 57 AD2d 800; O’Brien v Jefts, 3 AD2d 787.) A joint trial is not an organic consolidation and the integrity of each proceeding is preserved, allowing each to retain its separate identity and for entry of a separate judgment in each. (Import Alley of Mid Is. v Mid Is. Shopping Plaza, 103 AD2d 797; Inspiration Enterprises v Inland Credit Corp., supra; Barbilex Assoc. v Pesaitis, 113 Misc 2d 436.) However, since all of these proceedings share material questions of law and fact, a joint trial will also serve the interests of judicial economy. (Import Alley of Mid Is, v Mid Is. Shopping Plaza, supra; Mideal Homes Corp. v L & C Concrete Work, 90 AD2d 789.)

Accordingly, respondents’ motion to consolidate is granted to the extent of setting these proceedings down for a joint trial on *103August 2,1984 at 9:30 a.m. Respondents are directed to serve a copy of this order upon the clerk of Part 35 of this court on or before July 30, 1984.