(DOWNLOAD) "Jane Cushing v. George A. Cushing" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Jane Cushing v. George A. Cushing
- Author : Supreme Court of New York
- Release Date : January 17, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff commenced Action No. 1 in January, 1981, seeking a rescission of a separation agreement entered into between plaintiff and defendant. On the same day, plaintiff commenced Action No. 2 against the same defendant seeking damages for defendants alleged breach of the separation agreement. This alleged breach was also alleged in Action No. 1. A motion was made by defendant to, inter alia, consolidate the two actions and to dismiss the complaints in both actions. Special Term granted consolidation and dismissed the complaints in both actions. This appeal ensued. Initially, plaintiff argues that so much of the courts order as granted consolidation was premature and an abuse of discretion due to the fact that defendant had not served his answers in the actions and, therefore, it could not be determined if there existed common questions of law or fact. We disagree. The power to order consolidation rests in the sound discretion of the court and, where common questions of law or fact exist, consolidation is warranted unless the party opposing consolidation demonstrates prejudice to a substantial right (Maigur v Saratogian, Inc., 47 A.D.2d 982, 983). No demonstration of such prejudice was made by plaintiff [85 A.D.2d 809 Page 810]
 "Jane Cushing v. George A. Cushing" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}