AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

E.F. HUTTON CO., INC., Respondent, v. BARRI TRETIAK, Respondent, and ANNE TRETIAK et al., Appellants.

Ordered that the order is affirmed, with costs to the plaintiff-respondent.

The Supreme Court, Nassau County, properly exercised its discretion in denying the appellants' motion to consolidate and we perceive no reason to substitute our discretion for that of the Supreme Court. The two actions involve entirely separate and distinct transactions and the proof relative to each lawsuit will not overlap in any substantial respect (see, Aluminum Mill Supply Corp. v Skyview Metals, 117 A.D.2d 765, 767; JM Mechanical Corp. v Washington Fed. Sav. Loan Assn., 80 A.D.2d 884, 886). Moreover, the plaintiff in this action would suffer prejudice if the two actions were consolidated. Thompson, J.P., Kunzeman, Rubin and Harwood, JJ., concur.

Use AI to get other relevant cases.

Comments

E.F. HUTTON CO., INC. v. TRETIAK
(May 2, 1988)