McCahn v. Orms

New York Supreme Court

McCahn v. Orms

31 Misc. 2d 725, 225 N.Y.S.2d 775, 1961 N.Y. Misc. LEXIS 2275

DecidedOctober 9, 1961

StatusPublished

This text of 31 Misc. 2d 725 (McCahn v. Orms) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCahn v. Orms, 31 Misc. 2d 725, 225 N.Y.S.2d 775, 1961 N.Y. Misc. LEXIS 2275 (N.Y. Super. Ct. 1961).

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Opinion

. Mario Pittoni, J.

Motion by defendants in Action No. 2, to

remove Action No. 2 from the City Court of New York County to the Supreme Court of Nassau County and for consolidation with Action No. 1 now pending in this court, is denied.

Action No. 2 has been noticed for trial, all preliminary pretrial proceedings are complete, a pretrial was held in June and the action may be reached for trial before the end of this year. Action No. 1 is not even on the calendar and there is no indication of how much of the pretrial preliminaries has been conducted. In addition, the calendar of this court is approximately six years behind. Consolidation of these two cases would cause a prolonged delay of the trial of Action No. 2 and that would be prejudicial to the plaintiff in that action. (Wheeler v. Meadowbrook Transp. Corp., 3 A D 2d 763 [2d Dept.]; Halpern v. Rodway, 3 A D 2d 941 [2d Dept.]; Miro v. Gottheim, 285 App. Div. 834 [2d Dept.].)

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. Mario Pittoni, J.

Motion by defendants in Action No. 2, to

remove Action No. 2 from the City Court of New York County to the Supreme Court of Nassau County and for consolidation with Action No. 1 now pending in this court, is denied.

Action No. 2 has been noticed for trial, all preliminary pretrial proceedings are complete, a pretrial was held in June and the action may be reached for trial before the end of this year. Action No. 1 is not even on the calendar and there is no indication of how much of the pretrial preliminaries has been conducted. In addition, the calendar of this court is approximately six years behind. Consolidation of these two cases would cause a prolonged delay of the trial of Action No. 2 and that would be prejudicial to the plaintiff in that action. (Wheeler v. Meadowbrook Transp. Corp., 3 A D 2d 763 [2d Dept.]; Halpern v. Rodway, 3 A D 2d 941 [2d Dept.]; Miro v. Gottheim, 285 App. Div. 834 [2d Dept.].)

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Bluebook (online)

31 Misc. 2d 725, 225 N.Y.S.2d 775, 1961 N.Y. Misc. LEXIS 2275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccahn-v-orms-nysupct-1961.

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