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Plaintiff’s Motion for Joint Trial Denied

Court: Supreme Court of the State of New York, New York County (NYCAL)

This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions.

In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . .  may order the actions consolidated.” CPLR §602(a) A joint trial should be denied, however, where individual issues predominate over common issues and where the party opposing the joint trial demonstrates substantial prejudice.

Joinder …

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