Cross & Brown Co. v. Cimbar Corp.
275 A.D.2d 680
Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1949·Published
Opinion
Both actions arose out of the same transaction and should be consolidated. (Civ. Prac. Act, § 96.) Appellant, having commenced its action in New York County prior to the commencement of the action in Westchester County, and respondent having failed to prove that the convenience of witnesses would be served by a trial in Westchester County, the consolidated causes should be tried in New York County. (Cf. Funk v. Nelson, 264 App. Div. 876.) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Cross & Brown Co. v. Cimbar Corp., 275 A.D.2d 680 (N.Y. Ct. App. 1949).
275 A.D.2d 680 (Cross & Brown Co. v. Cimbar Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Funk v. Nelson
264 A.D. 876 (Appellate Division of the Supreme Court of New York, 1942)