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J & A VENDING, INC., appellant, v. J.A.M. VENDING, INC., respondent (and a third-party action). (Action No. 1)
J & A Vending, Inc., et al., plaintiffs, v. Eagle & Fein, et al., defendants. (Action No. 2)
J.A.M. Vending, Inc., et al., plaintiffs, v. Milton Small, et al., defendants. (Action No. 3)
J.A.M. Vending, Inc., plaintiff, v. Jerry Dugger, et al., defendants (and a third-party action). (Action No. 4)
In four related actions, inter alia, to recover damages for breach of contract and fraud, which were joined for trial, the plaintiff in Action No. 1, J & A Vending, Inc., appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated December 16, 1998, as denied its motion, inter alia, for a separate trial in that action.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The denial of the motion of J & A Vending, Inc., inter alia, for a separate trial in Action No. 1 was a proper exercise of discretion. A trial court has broad discretion in determining whether to order a joint trial of several actions (see, Megyesi v. Automotive Rentals, 115 A.D.2d 596, 496 N.Y.S.2d 473; Mideal Homes Corp. v. L & C Concrete Work, 90 A.D.2d 789, 455 N.Y.S.2d 394). The interests of justice and judicial economy are better served by a joint trial in those cases where, as here, the actions share material questions of law or fact (see, Megyesi v. Automotive Rentals, supra, at 596, 496 N.Y.S.2d 473; Import Alley of Mid-Island v. Mid-Island Shopping Plaza, 103 A.D.2d 797, 477 N.Y.S.2d 675; Mideal Homes Corp. v. L & C Concrete Work, supra, at 789, 455 N.Y.S.2d 394).
MEMORANDUM BY THE COURT.
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Decided: January 24, 2000
Court: Supreme Court, Appellate Division, Second Department, New York.
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