MONTGOMERY v. John Doe, etc., Defendant. (2025)

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered August 23, 2023, which denied the motion of defendant Ramon Manzueta to consolidate an action pending in Civil Court, Queens County, Geico Indemnity Company v. Manzueta (index No. 019391/22), with the instant action for joint trial and discovery, unanimously reversed, on the law, without costs, the motion granted, and the cases consolidated.

Supreme Court improperly denied defendant's motion to consolidate the subrogation action pending in Civil Court, Queens County with this personal injury action for joint discovery and trial.  In the subrogation action, the plaintiff Geico Indemnity Company alleged that defendant Manzueta's negligence in operating his vehicle caused damage to their subrogor Abraham Montgomery's vehicle.  In the instant personal injury action, plaintiff alleges that defendant Manzueta's negligence in operating his vehicle caused the collision and plaintiff's injuries.  Thus, the issues of whether defendant is responsible to pay Geico, as plaintiff's subrogee, for the property damage to plaintiff's vehicle or may be held liable to plaintiff in the instant action for the injuries plaintiff allegedly sustained as a result of the same motor vehicle collision present common questions of law or fact, warranting joinder (see CPLR 602[a], [b];  Lema v. 1148 Corp., 176 A.D.3d 653, 654, 111 N.Y.S.3d 300 [1st Dept. 2019];  see also Raboy v. McCrory Corp., 210 A.D.2d 145, 147, 621 N.Y.S.2d 14 [1st Dept. 1994]).

No opposition was submitted to demonstrate how consolidation would prejudice a substantial right or delay either action (see Matter of Progressive Ins. Co. [Vasquez–Countrywide Ins. Co.], 10 A.D.3d 518, 519, 782 N.Y.S.2d 21 [1st Dept. 2004]).