JOHNSON v. BERGER

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the plaintiffs in Action No. 3 which was for a joint trial of Action Nos. 1 and 3 is denied.

The Supreme Court erred in directing a joint trial of Action No. 1, a legal malpractice action, and Action No. 3, a negligence action brought by one of the defendants in Action No. 1 against his professional liability insurance agent, for the purpose of trial, as those actions do not involve common questions of law or fact (see, CPLR 602 [a]). Moreover, a joint trial of those actions could result in substantial prejudice (see, Marx v Minasi, 43 A.D.2d 943; Schwartz v Woodner Co., 40 A.D.2d 1027). Thus, reversal is warranted. Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.