APPLICATION OF FRANCOISE MOREAU, A/K/A MARION MOREAU, A PERSON INTERESTED IN THE ESTATE OF ARMAND P. ARMAN, DECEASED, TO SET ASIDE TWO INSTRUMENTS DATED APRIL 18, 2005 PURPORTING TO BE A REVOCABLE INTER VIVOS TRUST CREATED BY ARMAND P. ARMAN AND AN ASSIGNMENT OF ASSETS TO SUCH TRUST; TO DISCOVER PROPERTY BELONGING TO DECEDENT; AND TO OBTAIN INFORMATION AND RECORDS FROM CORICE C. ARMAN AND LAWRENCE J. PECK.

APPLICATION OF FRANCOISE MOREAU, A/K/A MARION MOREAU, A PERSON INTERESTED IN THE ESTATE OF ARMAND P. ARMAN, DECEASED, TO SET ASIDE TWO INSTRUMENTS DATED APRIL 18, 2005 PURPORTING TO BE A REVOCABLE INTER VIVOS TRUST CREATED BY ARMAND P. ARMAN AND AN ASSIGNMENT OF ASSETS TO SUCH TRUST; TO DISCOVER PROPERTY BELONGING TO DECEDENT; AND TO OBTAIN INFORMATION AND RECORDS FROM CORICE C. ARMAN AND LAWRENCE J. PECK. (05/4548) — Pending in the estate of Armand Arman is a proceeding to probate a will dated April 18, 2005 and a separate proceeding to set aside an inter vivos trust and assignment of assets purportedly executed on the same date by decedent as grantor. By decision dated January 24, 2008, the court granted the motion of probate objectants to consolidate discovery in the two proceedings, but deferred until the completion of discovery their request for a joint trial (Matter of Armand, NYLJ, Feb. 1, 2008, at 36, col 3 [Sur Ct, New York County 2008]). Discovery has now been completed and, for the reasons stated below, movants' request for a joint trial is granted.

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APPLICATION OF FRANCOISE MOREAU, A/K/A MARION MOREAU, A PERSON INTERESTED IN THE ESTATE OF ARMAND P. ARMAN, DECEASED, TO SET ASIDE TWO INSTRUMENTS DATED APRIL 18, 2005 PURPORTING TO BE A REVOCABLE INTER VIVOS TRUST CREATED BY ARMAND P. ARMAN AND AN ASSIGNMENT OF ASSETS TO SUCH TRUST; TO DISCOVER PROPERTY BELONGING TO DECEDENT; AND TO OBTAIN INFORMATION AND RECORDS FROM CORICE C. ARMAN AND LAWRENCE J. PECK. (05/4548) — Pending in the estate of Armand Arman is a proceeding to probate a will dated April 18, 2005 and a separate proceeding to set aside an inter vivos trust and assignment of assets purportedly executed on the same date by decedent as grantor. By decision dated January 24, 2008, the court granted the motion of probate objectants to consolidate discovery in the two proceedings, but deferred until the completion of discovery their request for a joint trial (Matter of Armand, NYLJ, Feb. 1, 2008, at 36, col 3 [Sur Ct, New York County 2008]). Discovery has now been completed and, for the reasons stated below, movants’ request for a joint trial is granted.

The court has discretion to direct a joint trial of proceedings commenced by separate petitions where the proceedings involve “a common question of law or fact” and such trial would “avoid unnecessary cost or delay” (SCPA §501[2][a]). A joint trial may be directed even if the proceedings do not have complete commonality as to questions of law and fact (see e.g. Kupferschmid v. Hennessey, 211 AD2d 225 [1st Dept 1995] [citations omitted]). Moreover, when common questions of law or fact are demonstrated, a joint trial is warranted unless the opposing party demonstrates “prejudice to a substantial right” (see e.g. Matter of Amato, NYLJ, Nov. 20, 2009, at 39, col 6 [Sur Ct, Suffolk County 2009] [citations omitted]; see also DeSilva v. Plot Realty, LLC, 85 AD3d 422 [1st Dept 2011] [affirming consolidation order under analogous provision of CPLR]).

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