D'Ercole v. Frederick

Appellate Division of the Supreme Court of New York

D'Ercole v. Frederick

2 A.D.2d 834, 156 N.Y.S.2d 380, 1956 N.Y. App. Div. LEXIS 4295

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

DecidedSeptember 27, 1956

StatusPublished

This text of 2 A.D.2d 834 (D'Ercole v. Frederick) 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

D'Ercole v. Frederick, 2 A.D.2d 834, 156 N.Y.S.2d 380, 1956 N.Y. App. Div. LEXIS 4295 (N.Y. Ct. App. 1956).

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Opinion

Order reversed as matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. The two actions are consolidated with appellant as the plaintiff and respondent as defendant in the consolidated action and the place of trial fixed in Seneca County. Memorandum: In our opinion the discretion of the Special Term was improvidently exercised. All concur. (Appeal from an order of Wayne Special Term denying a motion to consolidate two actions arising out of an automobile accident.) Present — McCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.

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Order reversed as matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. The two actions are consolidated with appellant as the plaintiff and respondent as defendant in the consolidated action and the place of trial fixed in Seneca County. Memorandum: In our opinion the discretion of the Special Term was improvidently exercised. All concur. (Appeal from an order of Wayne Special Term denying a motion to consolidate two actions arising out of an automobile accident.) Present — McCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.

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Bluebook (online)

2 A.D.2d 834, 156 N.Y.S.2d 380, 1956 N.Y. App. Div. LEXIS 4295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dercole-v-frederick-nyappdiv-1956.