Braxton v. Matthews

Appellate Division of the Supreme Court of New York

Braxton v. Matthews

17 A.D.2d 826, 1962 N.Y. App. Div. LEXIS 7824

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

DecidedOctober 9, 1962

StatusPublished

This text of 17 A.D.2d 826 (Braxton v. Matthews) 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

Braxton v. Matthews, 17 A.D.2d 826, 1962 N.Y. App. Div. LEXIS 7824 (N.Y. Ct. App. 1962).

Pincite

Opinion

—In three consolidated negligence actions between the same two parties arising out of the same collision between their respective automobiles, Alfred Braxton, the defendant in Action No. 2 and Action No. 3, appeals from an order of the Supreme Court, Queens County, dated November 29, 1961, which denied his motion: (a) to dismiss for lack of prosecution said Action N.o. 2, in the Supreme Court, for personal injury, by Marion Matthews as plaintiff, such action having been previously consolidated with Action No. 3, in the Municipal Court of the City of New York, for property damage, by the same plaintiff, and (b) to sever said Action No. 3 and remand it to the Municipal Court; and which granted the cross motion of said plaintiff Matthews to consolidate said Action No. 2 and Action No. 3 with Action No. 1 in the Supreme Court, by said Braxton as plaintiff, for personal injury and property damage. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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—In three consolidated negligence actions between the same two parties arising out of the same collision between their respective automobiles, Alfred Braxton, the defendant in Action No. 2 and Action No. 3, appeals from an order of the Supreme Court, Queens County, dated November 29, 1961, which denied his motion: (a) to dismiss for lack of prosecution said Action N.o. 2, in the Supreme Court, for personal injury, by Marion Matthews as plaintiff, such action having been previously consolidated with Action No. 3, in the Municipal Court of the City of New York, for property damage, by the same plaintiff, and (b) to sever said Action No. 3 and remand it to the Municipal Court; and which granted the cross motion of said plaintiff Matthews to consolidate said Action No. 2 and Action No. 3 with Action No. 1 in the Supreme Court, by said Braxton as plaintiff, for personal injury and property damage. Order affirmed, without costs. No opinion. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

17 A.D.2d 826, 1962 N.Y. App. Div. LEXIS 7824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braxton-v-matthews-nyappdiv-1962.