MALIKA NELSON PLAINTIFF RESPONDENT v. THOMAS NOH PETCHARAT NILSWANKOSIT DAMARIS SERRANO DEFENDANTS RESPONDENTS AND MICHAEL SANTINI DEFENDANT APPELLANT (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Defendant Michael J. Santini appeals from an order denying his motion for bifurcation and granting the cross motions of plaintiff and defendant Damaris Serrano to consolidate the instant two actions.   The first action concerns two motor vehicle accidents, one in July 2003 between plaintiff and defendants Thomas Noh and Petcharat Nilswankosit and the other in March 2004 between plaintiff and Serrano.   The second action concerns a third motor vehicle accident that occurred in January 2006, between plaintiff and Santini.   Addressing first the cross motions, we conclude that Supreme Court properly granted the cross motions inasmuch as “consolidation is favored by the courts ․, and should be granted unless the party resisting consolidation demonstrates prejudice to a substantial right” (Humiston v. Grose, 144 A.D.2d 907, 907-908;  see Shanley v. Callahan Indus., Inc., 54 N.Y.2d 52, 57).   Here, we conclude that Santini failed to establish the requisite prejudice to a substantial right (see Matter of Vigo S.S. Corp. [Marship Corp. of Monrovia], 26 N.Y.2d 157, 161-162, cert denied 400 U.S. 819).   In addition, we note that plaintiff allegedly sustained injuries to a common part of her body in all three accidents, and we conclude that “ ‘[o]ne jury hearing all the evidence can better determine the extent to which each defendant caused plaintiff's injuries and [that consolidation] should eliminate the possibility of inconsistent verdicts which might result from separate trials' “ (Gage v. Travel Time & Tide, 161 A.D.2d 276, 277).   Finally, we conclude that the court did not abuse its discretion in denying Santini's motion for bifurcation (see Iszkiewicz v. Town of Lancaster, 16 AD3d 1163).

Patricia L. Morgan

Clerk of the Court