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SIMONI v. COSTIGAN

8617N, 24300/06.

100 A.D.3d 531 (2012)

953 N.Y.S.2d 858

ARIANIT SIMONI, Respondent, v. ELIZABETH COSTIGAN, Appellant, et al., Defendants. ARIANIT SIMONI, Respondent, v. PAUL J. NAPOLI, ESQ., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

November 20, 2012.

Although the personal injury actions and the legal malpractice action involve "a common question of law or fact" (CPLR 602 [a]), consolidation could engender jury confusion and prejudice the defendants in the malpractice action (see Addison v New York Presbyt. Hosp./Columbia Univ. Med. Ctr., 52 A.D.3d 269 [1st Dept 2008]; Brown v Brooklyn Union Gas Co., 137 A.D.2d 479 [2d...

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