Lippitt v. Haggerty

264 A.D. 822, 35 N.Y.S.2d 467, 1942 N.Y. App. Div. LEXIS 4845

Opinion

Order modified on the law by striking out the third ordering paragraph and by inserting in place thereof a provision that plaintiffs Rhodes Bakeries, Inc., in Action No. 3 and Robert C. Fox in Action No. 4 shall have the right to open and close, and as modified affirmed, without costs. All concur. (The order grants a motion of plaintiffs Lippitt and Seider in the first two actions and of defendant Seider in the last two actions, to change the place of trial in Actions 3 and 4 from Cattaraugus county to Brie county, and for consolidation of the actions, and denies motions of defendants in Actions 1 and 2 for change of place of trial from Brie county to Cattaraugus county.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.