Article 6 Joinder of Claims, Consolidation & Severance

Question 1

 CPLR 601
Generally, as to counterclaims or cross-claims in a pleading:
(a)   only counterclaims may be joined
(b)   a party may join as many as he may have against an adverse party
(c)   only cross-claims may be joined
(d)   neither may be joined.

Answer 1

 Answer: (b)
CPLR 601(a) provides that counterclaims or cross-claims may be joined in an action. This ensures the efficient and speedy disposition of claims. A counterclaim is a claim by a defendant against plaintiff. A cross-claim is a claim by one party against another party on the same side of the litigation (e.g., defendant against another defendant). CPLR 601(b) contains a limitation in instances where plaintiffs bring claims arising out of consumer credit transactions.

Question 2

CPLR 602
Where an action is pending in the Supreme Court and another action is pending in another court, the two actions may be consolidated in which one of the following ways:
(a)   either court may order consolidation
(b)   only the Supreme Court may order consolidation
(c)   only the other court may order consolidation
(d)   neither court may order consolidation.

Answer 2

 Answer: (b)
CPLR 602(b) provides that 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 in the Supreme Court. Hence choice (b) is correct.
Choices (a) and (c) are incorrect since a court lower than the Supreme Court may not consolidate a Supreme Court action.
Choice (d) is incorrect since the Supreme Court does have the power to consolidate an action.

Question 3

CPLR 602
In considering the consolidation of two separate actions, the central factor for the court’s consideration according to the CPLR is:
(a)   common parties
(b)   common attorneys
(c)   common witnesses
(d)   common questions of law and fact                                                     

Answer 3

Answer: (d)
CPLR 602(a) provides that the basis for consolidation is common questions of law or fact.

Question 4

   CPLR 603
Select the best answer:
In order to further convenience or to avoid prejudice, the court may:
(a)   order the separate trial of any separate issues, only
(b)   order a severance of claims, only
(c)   order a separate trial of any claim, only
(d)   only (b) and (c) are correct.
(e)   (a), (b), and (c) are correct.

Answer 4

 Answer: (e)
CPLR 603 provides that in the furtherance of convenience or to avoid prejudice the court may take any of the actions listed in (a), (b) and (c)