(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.
§ 602.Consolidation.
Article 6. Joinder of Claims, Consolidation and Severance · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 602 authorizes a court to consolidate, or order a joint trial of, actions that share a common question of law or fact, including pulling a case from a lower court into supreme or county court for that purpose.
Full Text of CPLR 602
(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.
Plain-English Summary
When two or more pending cases turn on the same question of law or fact, trying them apart wastes time and money and risks conflicting rulings on the same issue. CPLR 602(a) gives the court several tools to avoid that: it can order a joint trial of the overlapping matters, consolidate the actions outright into one case, or issue other orders to cut unnecessary cost or delay, all on motion of a party.
Consolidation isn't limited to cases already sitting in the same court. Subdivision (b) lets the supreme court remove to itself an action pending in a lower court and consolidate it with, or try it together with, a case already before the supreme court. The county court has a parallel power over actions pending in a city, municipal, district, or justice court within the same county. That cross-court reach keeps overlapping litigation from proceeding on separate, potentially inconsistent tracks just because it started out in different courthouses.
Frequently Asked Questions
What does it mean to consolidate two lawsuits in New York?
Consolidation under CPLR 602(a) merges actions that share a common question of law or fact into one case, or at minimum orders them tried together, to avoid duplicate costs and inconsistent results.
Can the Supreme Court pull in a case from a lower court to consolidate it?
Yes. CPLR 602(b) lets the supreme court remove an action pending in another court to itself and consolidate it with, or try it together with, an action already pending there.
What's the difference between consolidation and a joint trial under CPLR 602?
Consolidation merges the actions into a single case, while a joint trial keeps the actions separate but has them tried together; subdivision (a) authorizes either approach.
Do the actions need to be identical to be consolidated?
No. CPLR 602(a) only requires a common question of law or fact, not identical parties or claims.
Who can ask a court to consolidate related cases?
Any party can move for consolidation or a joint trial under CPLR 602(a) when the pending actions involve a common question of law or fact.
Can a county court consolidate a case from city or district court?
Yes. CPLR 602(b) gives the county court the same removal-and-consolidation power over actions pending in a city, municipal, district, or justice court within the county.
Advisory Committee Notes
Subd (a) incorporates the provisions of CPA §§ 96, 96-a. See also Fed R Civ P 42(a).
Subd (b) follows CPA § 97. See also CPA §§ 97-a, 187(3); 19 NY Jud Council Rep 79 (1953).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: consolidation of actions New Yorkjoint trial motion NYconsolidate lawsuits different courtsNew York consolidation motion