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McGINTY v. STRUCTURE-TONE

1412N, 307933/08, 84116/09, 653776/15.

140 A.D.3d 465 (2016)

33 N.Y.S.3d 52

2016 NY Slip Op 04365

THOMAS McGINTY, Plaintiff, v. STRUCTURE-TONE et al., Defendants. EUROTECH CONSTRUCTION CORP., Appellant, v. QBE INSURANCE CORP., Respondent.

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

Decided June 7, 2016.

The two actions sought to be consolidated, i.e., a personal injury action and an insurance coverage action, do not involve common questions of law or fact (CPLR 602 [a]); they involve different contracts, different parties, and different factual issues (see H. H. Robertson Co. v New York Convention Ctr. Dev. Corp., 160 A.D.2d 524 [1st Dept 1990]).

Moreover, litigating an insurance coverage claim together with the underlying...

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