New York State Court of Claims

New York State Court of Claims

WHEELER v. THE STATE OF NEW YORK AND THE NEW YORK STATE THRUWAY AUTHORITY, #2004-010-018, Claim No. 108545, Motion No. M-68550


Synopsis


Defendants' motion for a joint trial is granted.

Case Information

UID:
2004-010-018
Claimant(s):
WILLIAM E. WHEELER, JR. AND DARLENE WHEELER
Claimant short name:
WHEELER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK AND THE NEW YORK STATE THRUWAY AUTHORITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108545
Motion number(s):
M-68550
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
SEGAN, NEMEROV & SINGERBy: Jeffrey A. Nemerov, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New York
By: Fabiani & Cohen, LLPJoelle Reboh, Esq., Of Counsel
Third-party defendant's attorney:

Signature date:
June 21, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)
2004-010-019

Decision

The following papers numbered 1-2 were read and considered by the Court on defendants' motion for consolidation or a joint trial:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits........................1

Attorney's Affirmation in Partial Opposition............................................................2

Claim Nos. 108545 (Action 1) and 108546 (Action 2) arise out of the same automobile accident. Claimants in Action 2 do not oppose the motion insofar as it seeks joint discovery and a joint trial of the claims. Claimants in Action 1 submitted no papers in opposition to the motion.

CPLR 602 Consolidation provides in pertinent part:
"(a) Generally. When actions involving a common question of law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay."

Action 1 and Action 2 present common questions of law and fact warranting a joint trial (see Zimmerman v Mansell, 184 AD2d 1084). Accordingly, a joint trial is hereby ordered. Each claim shall retain its separate identity and shall result in a separate judgment. Claim No. 108545 shall open first and close last (see Seigel New York Practice 3d ed §128, p 213).


June 21, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims