A/S Grindstedvaerket v. European Chemical Co.

Appellate Division of the Supreme Court of New York

A/S Grindstedvaerket v. European Chemical Co.

2 A.D.2d 672, 152 N.Y.S.2d 797, 1956 N.Y. App. Div. LEXIS 4935

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1956

StatusPublished

This text of 2 A.D.2d 672 (A/S Grindstedvaerket v. European Chemical Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A/S Grindstedvaerket v. European Chemical Co., 2 A.D.2d 672, 152 N.Y.S.2d 797, 1956 N.Y. App. Div. LEXIS 4935 (N.Y. Ct. App. 1956).

Pincite

Opinion

The factual issues to be tried in the third-party action and the main action are for all intents and purposes the same and it would therefore séem advisable that there be one rather than two separate trials — possibly with inconsistent results. The fact that some delay might be involved if the actions are not severed is not controlling particularly in view of the circumstance that there was a delay of four and one-half years in commencing the action. Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion to place the cause on the commercial nonjury reserve calendar granted. Settle order on notice. Concur — Botein, J .F., Rabin, Cox and Bergan, JJ.

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The factual issues to be tried in the third-party action and the main action are for all intents and purposes the same and it would therefore séem advisable that there be one rather than two separate trials — possibly with inconsistent results. The fact that some delay might be involved if the actions are not severed is not controlling particularly in view of the circumstance that there was a delay of four and one-half years in commencing the action. Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion to place the cause on the commercial nonjury reserve calendar granted. Settle order on notice. Concur — Botein, J .F., Rabin, Cox and Bergan, JJ.

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Bluebook (online)

2 A.D.2d 672, 152 N.Y.S.2d 797, 1956 N.Y. App. Div. LEXIS 4935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/as-grindstedvaerket-v-european-chemical-co-nyappdiv-1956.