Article 6. Joinder of Claims, Consolidation and Severance

NY CPLR § 601. JOINDER OF CLAIMS

(a) The plaintiff in a complaint or the defendant in an answer setting forth a counterclaim or cross-claim may join as many claims as he may have against an adverse party.  There may be like joinder of claims when there are multiple parties.

(b) Two or more plaintiffs may join no more than five claims in any one action or proceeding against the same defendant arising out of separate consumer credit transactions, provided that the plaintiffs are represented by the same attorney.

NY CPLR § 602. CONSOLIDATION

(a) Generally.  When actions involving a common question of law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(b) Cases pending in different courts. Where an action is pending in the supreme court it may, upon motion, remove to itself an action pending in another court and consolidate it or have it tried together with that in the supreme court.  Where an action is pending in the county court, it may, upon motion, remove to itself an action pending in a city, municipal, district or justice court in the county and consolidate it or have it tried together with that in the county court.

NY CPLR § 603. SEVERANCE AND SEPARATE TRIALS

In furtherance of convenience or to avoid prejudice the court may order a severance of claims, or may order a separate trial of any claim, or of any separate issue.  The court may order the trial of any claim or issue prior to the trial of the others.

NY CPLR § 604. CHANGE BY SUPREME COURT OF PLACE OF TRIAL OF ACTION PENDING IN ANOTHER COURT

Upon motion of any party, the supreme court may order that an issue of fact in an action pending in another court, except an action relating to real property pending in a county court, be tried in the supreme court in another county upon such terms as may be just.  After the trial, the clerk of the county in which it has taken place shall certify the minutes thereof, which shall be filed with the clerk of the court in which the action is pending.  Subsequent proceedings shall be the same as if the issue had been tried in the court in which the action is pending.