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BAIOCCO v. A.C. & S., INC.

Docket No. 114562/02, Motion Seq. No. 1.

2013 NY Slip Op 30578(U)

IN RE: NEW YORK CITY ASBESTOS LITIGATION. This Document Relates To: SHARON BAIOCCO, Individually and as Executrix for the Estate of ROBERT A. BAIOCCO, SR., et al., Plaintiffs, v. A.C. & S., INC., et al., Defendants.

Supreme Court, New York County.

March 20, 2013.

Filed March 26, 2013.

Attorney(s) appearing for the Case

Kyle A. Shamberg, Esq. , Weitz & Luxenberg, P.C., 700 Broadway, New York, NY 10003, 212-558-5500, for Plaintiffs.

Lance Perez, Esq. , Maimone & Assocs. PLLC, 170 Old Country Rd., Ste. 609, Mineola, NY 11501, 516-390-9595, for Defendant Mack Trucks Inc.

Stephen Novakidis, Esq. , Sedgwick, LLP, Three Gateway Ctr., 12th Fl., Newark, NJ 07102, 973-242-0002, for joint Defendants.

Jessica Mullery, Esq. , Wilson, Elser et al., 150 E. 42nd St., New York, NY 10017-5693, 212-490-3000, for Defendant Puget Sound.

DECISION AND ORDER

BARBARA JAFFE, Judge.

By order to show cause dated February 17, 2013, plaintiffs move pursuant to CPLR 602 for an order consolidating their cases for trial. Defendants jointly oppose, with supplemental opposition submitted by defendants Mack Trucks, Inc. and Puget Sound Commerce Center, Inc.

I. APPLICABLE LAW

Pursuant to CPLR 602(a), a motion for a joint trial rests in the discretion of the trial court. (See Rodgers...

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