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Suckishvili v. Visiting Nurse Service of New York

June 1, 2010

LIANA SUCKISHVILI, PLAINTIFF-APPELLANT,
v.
VISITING NURSE SERVICE OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS.



Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 6, 2009, which denied plaintiff's motion for consolidation, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Friedman, Nardelli, Freedman, Abdus-Salaam, JJ.

113639/08

There are no questions of law or fact common to both the instant medical malpractice action and the action alleging negligence by the driver of a motor vehicle (see Cronin v Sordoni Skanska Constr. Corp., 36 AD3d 448 [2007]). In any event, since the medical malpractice action is still at the discovery stage and the negligence action is ready to be placed on the trial calendar, consolidation would result in undue delay in the resolution of the earlier action (see id.). Consolidation might also result in jury confusion and prejudice to defendants (see Addison v New York Presbyt. Hosp./Columbia Univ. Med. Ctr., 52 AD3d 269, 270 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100601

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