Baron v. Fleischer

Appellate Division of the Supreme Court of New York

Baron v. Fleischer

32 A.D.2d 643, 301 N.Y.S.2d 439, 1969 N.Y. App. Div. LEXIS 4017

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

DecidedMay 12, 1969

StatusPublished

This text of 32 A.D.2d 643 (Baron v. Fleischer) 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

Baron v. Fleischer, 32 A.D.2d 643, 301 N.Y.S.2d 439, 1969 N.Y. App. Div. LEXIS 4017 (N.Y. Ct. App. 1969).

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Opinion

Appeal by plaintiffs Fleischer in Action No. 2 (Nassau County) from an order of the Supreme Court, Westchester County, dated December 8, 1968, which granted a motion by plaintiff Baron in Action No. 1 (Westchester County) to consolidate the actions for trial in Westchester County. Plaintiffs Fleischer had cross-moved to consolidate the actions for trial in Nassau County. Order modified, on the law and the facts, by deleting therefrom the second and third decretal paragraphs and by substituting therefor similar paragraphs providing (1) for trial of the consolidated action in Nassau County, (2) for a transfer to the County Clerk of Nassau County of Westchester County Clerk’s file No. 13041-1968 for consolidation with Nassau County Clerk’s file No. 4711-1968 and (3) that plaintiffs Fleischer shall be accorded the privilege of opening and closing to the jury. As so modified, oi;der affirmed, with $10 costs to plaintiffs Fleischer against plaintiff Baron. In our opinion, it was an improvident exercise of discretion to fix the venue of the consolidated action in Westchester County. We also feel that plaintiffs Fleischer should be given the right to open and close to the jury. Christ, Acting P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Appeal by plaintiffs Fleischer in Action No. 2 (Nassau County) from an order of the Supreme Court, Westchester County, dated December 8, 1968, which granted a motion by plaintiff Baron in Action No. 1 (Westchester County) to consolidate the actions for trial in Westchester County. Plaintiffs Fleischer had cross-moved to consolidate the actions for trial in Nassau County. Order modified, on the law and the facts, by deleting therefrom the second and third decretal paragraphs and by substituting therefor similar paragraphs providing (1) for trial of the consolidated action in Nassau County, (2) for a transfer to the County Clerk of Nassau County of Westchester County Clerk’s file No. 13041-1968 for consolidation with Nassau County Clerk’s file No. 4711-1968 and (3) that plaintiffs Fleischer shall be accorded the privilege of opening and closing to the jury. As so modified, oi;der affirmed, with $10 costs to plaintiffs Fleischer against plaintiff Baron. In our opinion, it was an improvident exercise of discretion to fix the venue of the consolidated action in Westchester County. We also feel that plaintiffs Fleischer should be given the right to open and close to the jury. Christ, Acting P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Bluebook (online)

32 A.D.2d 643, 301 N.Y.S.2d 439, 1969 N.Y. App. Div. LEXIS 4017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baron-v-fleischer-nyappdiv-1969.