Consolidaton and sanctions: CPLR § 602

CPLR § 602

Galasso, Langione & Botter, LLP v Galasso, 2011 NY Slip Op 01430 (App. Div., 2nd 2011)

"A motion for consolidation is addressed to the sound discretion of the court, and absent a showing of substantial prejudice by the party opposing the motion, consolidation is proper where there are common questions of law and fact" (RCN Constr. Corp. v Fleet Bank, N.A., 34 AD3d 776, 777). Here, the Supreme Court providently exercised its discretion in denying the motion to consolidate, as there were no common questions of law and fact. The Supreme Court also providently exercised its discretion in granting the cross motion of the plaintiffs in Action Nos. 1 and 2 to impose sanctions against the appellant (see 22 NYCRR 130-1.1[c]; Tornheim v Blue & White Food Prods. Corp., 73 AD3d 749).

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