Anthony M. Palumbo, D.C. v Tristate Consumer Co., 2010 NY Slip Op 50443(U)(App. Term 2d Dept. 2010)
“[d]efendant’s motion is granted to the extent of directing a joint trial of the three actions in Queens County, and the Clerk of the Civil Court of the City of New York, New York County, shall forthwith deliver to the Clerk of the Civil Court of the City of New York, Queens County, all papers and certified copies of all minutes and entries in the action entitled Boulevard Surgical Center, A.C. a/a/o Marc Taly v Tri-State Consumer Insurance Co., under index No. 33825/08.”
“[D]efendant has demonstrated that two other providers have commenced two separate actions for the same services rendered on the same date at the same location. “Where common issues of law or fact exist, a motion to consolidate or for a joint trial pursuant to CPLR 602 (a) should be granted absent a showing of prejudice to a substantial right by the party opposing the motion” (Perini Corp. v WDF, Inc., 33 AD3d 605, 606 ). Here, the interests of justice and judicial economy would be served by a joint trial of the actions since defendant intends to defend all three actions on the ground that the services rendered were not medically necessary. Moreover, the papers submitted in opposition to the motion failed to establish that a joint trial [*2]would prejudice a substantial right.”
It looks like an MUA case where there are numerous providers, represented by different attorneys, who brought actions in different venues. My only question is where is the Anesthesiologist’s lawsuit?