Funderburk v. Service Trucking Co.

Appellate Division of the Supreme Court of New York

Funderburk v. Service Trucking Co.

2 A.D.2d 834, 156 N.Y.S.2d 413, 1956 N.Y. App. Div. LEXIS 4294

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

DecidedSeptember 27, 1956

StatusPublished

This text of 2 A.D.2d 834 (Funderburk v. Service Trucking Co.) 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.

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Funderburk v. Service Trucking Co., 2 A.D.2d 834, 156 N.Y.S.2d 413, 1956 N.Y. App. Div. LEXIS 4294 (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, and appellant’s cause of action directed to be first tried. Memorandum: We believe a trial of the action as consolidated would be prejudicial to the interests of the appellant, Spofford Funderburk. All concur, except Kimball, J., who dissents and votes for affirmance. (Appeal from an order of Erie Special Term denying a motion by defendant Funderburk for a severance and a separate trial of his causes of action.) 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, and appellant’s cause of action directed to be first tried. Memorandum: We believe a trial of the action as consolidated would be prejudicial to the interests of the appellant, Spofford Funderburk. All concur, except Kimball, J., who dissents and votes for affirmance. (Appeal from an order of Erie Special Term denying a motion by defendant Funderburk for a severance and a separate trial of his causes of action.) 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 413, 1956 N.Y. App. Div. LEXIS 4294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funderburk-v-service-trucking-co-nyappdiv-1956.