Kramer Bros. Freight Lines, Inc. v. M & C Transfer Co.

Appellate Division of the Supreme Court of New York

Kramer Bros. Freight Lines, Inc. v. M & C Transfer Co.

15 A.D.2d 646, 223 N.Y.S.2d 608

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

DecidedJanuary 23, 1962

StatusPublished

This text of 15 A.D.2d 646 (Kramer Bros. Freight Lines, Inc. v. M & C Transfer 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.

Bluebook

Kramer Bros. Freight Lines, Inc. v. M & C Transfer Co., 15 A.D.2d 646, 223 N.Y.S.2d 608 (N.Y. Ct. App. 1962).

Pincite

Opinion

The consolidation would defeat insurer’s purpose in bringing the declaratory judgment action, which was commenced prior to service of the third-party complaint in the other action and involved the same issue. Appellant insurer, if it proceeds promptly to notice the declaratory judgment action for trial, may obtain an advance determination of its liability so that it may know what responsibility it has, if any, to defend the other action, Consolidation, therefore, because the declaratory judgment action can be reached for trial very shortly, would serve only to delay such trial and thus deprive plaintiff insurer of a substantial right. (Tripp, Guide to Motion Practice [rev. ed.], § 24, p. 59.) Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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The consolidation would defeat insurer’s purpose in bringing the declaratory judgment action, which was commenced prior to service of the third-party complaint in the other action and involved the same issue. Appellant insurer, if it proceeds promptly to notice the declaratory judgment action for trial, may obtain an advance determination of its liability so that it may know what responsibility it has, if any, to defend the other action, Consolidation, therefore, because the declaratory judgment action can be reached for trial very shortly, would serve only to delay such trial and thus deprive plaintiff insurer of a substantial right. (Tripp, Guide to Motion Practice [rev. ed.], § 24, p. 59.) Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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Bluebook (online)

15 A.D.2d 646, 223 N.Y.S.2d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-bros-freight-lines-inc-v-m-c-transfer-co-nyappdiv-1962.