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LILLIAN MELENDEZ et al., Appellants, v. PRESTO LEASING et al., Respondents. (Action No. 1.) LILLIAN MELENDEZ et al., Appellants,

Although plaintiff's injuries arose from two separate accidents at separate locations and at different times, in these two actions, respectively, consolidation or joint trial is appropriate, since she had alleged similar injuries in each action. (Gage v. Travel Time Tide, 161 A.D.2d 276; Thayer v Collett, 41 A.D.2d 581; Dolce v. Jones, 145 A.D.2d 594, 595.) Although plaintiffs do not allege that the injuries sustained in the second accident aggravated those sustained in the first, the fact that she complains of essentially the same injuries in each accident is sufficient to warrant a joint trial in order to avoid the possibility of inconsistent verdicts. (Thayer v. Collett, supra.)

Concur — Ross, J.P., Rosenberger, Ellerin and Wallach, JJ.

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MELENDEZ v. LEASING
(May 24, 1990)