Wednesday, December 7, 2016

Denial of a motion to join actions.

The Appellate Division affirmed denial of the motion to join three unrelated actions for trial: a motor vehicle negligence action, a premise liability action, and a medical malpractice action. When Supreme Court decided the motion, the motor vehicle negligence action was ready for trial, while the other two actions were still in discovery. Where actions are at completely different procedural postures with one ready for trial and the other in discovery, denial of a joint trial is appropriate, as it would unduly delay the resolution of the older action.

In addition, the cases involve different facts, witnesses, claims, injuries, and defendants. As such, individual issues predominate so as to preclude the direction of a joint trial.

Case:  Gillard v. Reid, NY Slip Op 08120 (1st Dep't December 1, 2016)

Here is the decision.

Tomorrow's issue:  A forensic examination of a computer system.