New York Supreme and/or Appellate Courts Appellate Division, First Department
November 20, 2012
ANN MORGAN BERNARDONE, ET AL.,
DEFENDANTS. ARIANIT SIMONI,
PAUL J. NAPOLI, ESQ., ET AL.,
Simoni v Costigan
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.
Decided on November 20, 2012
Tom, P.J., Andrias, Saxe, Acosta, Freedman, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered February 17, 2011, which, inter alia, denied defendant Costigan's motion to consolidate two personal injury actions with a legal malpractice action, unanimously affirmed, without costs.
Although the personal injury actions and the legal malpractice action involve "a common question of law or fact" (CPLR 602[a]), consolidation could engender jury confusion and prejudice the defendants in the malpractice action (see Addison v New York Presbyt. Hosp./Columbia Univ. Med. Ctr., 52 AD3d 269, [1st Dept 2008]; Brown v Brooklyn Union Gas Co., 137 AD2d 479 [2nd Dept 1988]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: NOVEMBER 20, 2012
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