Fischer v. El Saieh

Appellate Division of the Supreme Court of New York

Fischer v. El Saieh

23 A.D.2d 695, 258 N.Y.S.2d 635, 1965 N.Y. App. Div. LEXIS 4579

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 1965·Published·Cited by 1 cases

Opinion

—In two separate negligence actions to recover damages for injury to person and property, allegedly sustained as the result of a collision between two automobiles, Patricia J. Cicatello, a defendant in both actions, appeals .from an order of the Supreme Court, Richmond County, entered June 23, 1964, which denied her motion to remove Action No. 2 from the Civil Court of the City of New York and to consolidate it with Action No. 1 in the Supreme Court, Richmond County. 'Order reversed, without costs, and motion granted. Action No. 1 was instituted against the defendant Cicatello by a passenger in her automobile. Action No. 2 was instituted against said defendant by the owner and operator of the other automobile. In our opinion, under the circumstances here, it was an improvident exercise of discretion to deny the motion to remove Action No. 2 and to consolidate the two actions. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In two separate negligence actions to recover damages for injury to person and property, allegedly sustained as the result of a collision between two automobiles, Patricia J. Cicatello, a defendant in both actions, appeals .from an order of the Supreme Court, Richmond County, entered June 23, 1964, which denied her motion to remove Action No. 2 from the Civil Court of the City of New York and to consolidate it with Action No. 1 in the Supreme Court, Richmond County. 'Order reversed, without costs, and motion granted. Action No. 1 was instituted against the defendant Cicatello by a passenger in her automobile. Action No. 2 was instituted against said defendant by the owner and operator of the other automobile. In our opinion, under the circumstances here, it was an improvident exercise of discretion to deny the motion to remove Action No. 2 and to consolidate the two actions. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

Fischer v. El Saieh, 23 A.D.2d 695, 258 N.Y.S.2d 635, 1965 N.Y. App. Div. LEXIS 4579 (N.Y. Ct. App. 1965).

Pincite

23 A.D.2d 695 (Fischer v. El Saieh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related