Blogs

Posts Categorized: Consolidation

Posted: August 25, 2020

Consolidation Inappropriate Where Plaintiff in One Action is the Defendant in the Other

On August 14, 2020, Justice Masley of the New York County Commercial Division issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2020 NY Slip Op. 32680(U), holding that consolidation is inappropriate where the plaintiff in one action is a defendant in the other, explaining: Hindlin’s request to consolidate this action with Jacob Kasher... Read more »

Posted: April 20, 2020

Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial

On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Darabont v. AMC Network Entertainment LLC, 2020 NY Slip Op. 30926(U), holding that the law of the case doctrine applies to cases that have been consolidated for joint trial, explaining: Defendants’ argument that the law of the case... Read more »

Posted: December 4, 2019

Court Refuses to Consolidate Cases in Significantly Different Procedural Postures

On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Summit Rest. Repairs & Sales, Inc. v. New York City Dept. of Educ., 2019 NY Slip Op. 33457(U), refusing to consolidate cases in significantly different procedural postures, explaining: CPLR 602(a) provides that: When actions involving a common question... Read more »

Posted: July 25, 2014

Even Where CPLR 3211(a)(4) Does Not Require Dismissal, Cases Can be Consolidated

On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in 11 E. 68th St. LLC v. Madison 68 Realty LLC, 2014 NY Slip Op. 31872(U), analyzing the rules for dismissal or consolidation when there are two pending actions regarding┬ásimilar subject matter. In 11 E. 68th St. LLC, the... Read more »