New York Civil Practice
Law & Rules

NYCPLR Article 6

JOINDER OF CLAIMS, CONSOLIDATION AND SEVERANCE

        601. Joinder of claims.
        602. Consolidation.
               (a) Generally.
               (b) Cases pending in different courts.
        603. Severance and separate trials.
        604. Change by supreme court of place of trial of action pending
                in another court.

  S 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.

  S 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.

  S 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.

  S 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.

NYCPLR Article 9

CLASS ACTIONS

Section 901. Prerequisites to a class action.
        902. Order allowing class action.
        903. Description of class.
        904. Notice of class action.
        905. Judgment.
        906. Actions conducted partially as class actions.
   Rule 907. Orders in conduct of class actions.
   Rule 908. Dismissal, discontinuance or compromise.
   Rule 909. Attorneys` fees.

  S 901. Prerequisites to a class action. a. One or more members of a
class may sue or be sued as representative parties on behalf of all if:
  1. the class is so numerous that joinder of all members, whether
otherwise required or permitted, is impracticable;
  2. there are questions of law or fact common to the class which
predominate over any questions affecting only individual members;
  3. the claims or defenses of the representative parties are typical of
the claims or defenses of the class;
  4. the representative parties will fairly and adequately protect the
interests of the class; and
  5. a class action is superior to other available methods for the fair
and efficient adjudication of the controversy.
  b. Unless a statute creating or imposing a penalty, or a minimum
measure of recovery specifically authorizes the recovery thereof in a
class action, an action to recover a penalty, or minimum measure of
recovery created or imposed by statute may not be maintained as a class
action.

  S 902. Order allowing class action. Within sixty days after the time
to serve a responsive pleading has expired for all persons named as
defendants in an action brought as a class action, the plaintiff shall
move for an order to determine whether it is to be so maintained. An
order under this section may be conditional, and may be altered or
amended before the decision on the merits on the court`s own motion or
on motion of the parties. The action may be maintained as a class action
only if the court finds that the prerequisites under section 901 have
been satisfied. Among the matters which the court shall consider in




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Article 9, Continued . . .
 
determining whether the action may proceed as a class action are:
  1. the interest of members of the class in individually controlling
the prosecution or defense of separate actions;
  2. the impracticability or inefficiency of prosecuting or defending
separate actions;
  3. the extent and nature of any litigation concerning the controversy
already commenced by or against members of the class;
  4. the desirability or undesirability of concentrating the litigation
of the claim in the particular forum;
  5. the difficulties likely to be encountered in the management of a
class action.

  S 903. Description of class. The order permitting a class action shall
describe the class. When appropriate the court may limit the class to
those members who do not request exclusion from the class within a
specified time after notice.

  S 904. Notice of class action. (a) In class actions brought primarily
for injunctive or declaratory relief, notice of the pendency of the
action need not be given to the class unless the court finds that notice
is necessary to protect the interests of the represented parties and
that the cost of notice will not prevent the action from going forward.
  (b) In all other class actions, reasonable notice of the commencement
of a class action shall be given to the class in such manner as the
court directs.
  (c) The content of the notice shall be subject to court approval.  In
determining the method by which notice is to be given, the court shall
consider
  I. the cost of giving notice by each method considered
  II. the resources of the parties and
  III. the stake of each represented member of the class, and the
likelihood that significant numbers of represented members would desire
to exclude themselves from the class or to appear individually, which
may be determined, in the court`s discretion, by sending notice to a
random sample of the class.
  (d) I. Preliminary determination of expenses of notification.  Unless
the court orders otherwise, the plaintiff shall bear the expense of
notification.  The court may, if justice requires, require that the
defendant bear the expense of notification, or may require each of them
to bear a part of the expense in proportion to the likelihood that each
will prevail upon the merits.  The court may hold a preliminary hearing
to determine how the costs of notice should be apportioned.
  II. Final determination. Upon termination of the action by order or
judgment, the court may, but shall not be required to, allow to the
prevailing party the expenses of notification as taxable disbursements
under article eighty-three of the civil practice law and rules.

  S 905. Judgment. The judgment in an action maintained as a class
action, whether or not favorable to the class, shall include and
describe those whom the court finds to be members of the class.

  S 906. Actions conducted partially as class actions. When appropriate,
  1. an action may be brought or maintained as a class action with
respect to particular issues, or
  2. a class may be divided into subclasses and each subclass treated as
a class.
  The provisions of this article shall then be construed and applied
accordingly.

  Rule 907. Orders in conduct of class actions. In the conduct of class
actions the court may make appropriate orders:
  1. determining the course of proceedings or prescribing measures to
prevent undue repetition or complication in the presentation of evidence
or argument;
  2. requiring, for the protection of the members of the class, or
otherwise for the fair conduct of the action, that notice be given in
such manner as the court may direct to some or all of the members of any
step in the action, or of the proposed extent of the judgment, or of the
opportunity of members to signify whether they consider the
representation fair and adequate, or to appear and present claims or
defenses, or otherwise to come into the action;
  3. imposing conditions on the representative parties or on
intervenors;
  4. requiring that the pleadings be amended to eliminate therefrom
allegations as to representation of absent persons, and that the action
proceed accordingly;
  5. directing that a money judgment favorable to the class be paid
either in one sum, whether forthwith or within such period as the court
may fix, or in such installments as the court may specify;
  6. dealing with similar procedural matters.
  The orders may be altered or amended as may be desirable from time to
time.

  Rule 908.  Dismissal, discontinuance or compromise.  A class action
shall not be dismissed, discontinued, or compromised without the
approval of the court.  Notice of the proposed dismissal,
discontinuance, or compromise shall be given to all members of the class
in such manner as the court directs.

  Rule 909. Attorneys` fees. If a judgment in an action maintained as a
class action is rendered in favor of the class, the court in its
discretion may award attorneys` fees to the representatives of the class
based on the reasonable value of legal services rendered and if justice
requires, allow recovery of the amount awarded from the opponent of the
class.