The plaintiff tenant brought a motion to consolidate or try together its action against its insurer for business interruption and water damage with a companion action brought by its landlord for rental arrears and repair costs.
Both actions arose from a flood in the leased premises, with overlapping factual issues regarding the cause of the flood and the tenant's cooperation in remediation efforts.
The court granted the motion, finding that the actions shared common questions of fact and arose from the same occurrence, and that trying them together would avoid multiplicity of proceedings and inconsistent results.
