Rubin v. Grossman

34 A.D.2d 680, 310 N.Y.S.2d 395

Opinion

Appeal by defendant from an order of the Supreme Court, Kings County, dated July 23, 1969, which granted plaintiff’s motion to consolidate a personal injury action and wrongful death action, both arising out of the same accident. Order reversed, with $10 costs and disbursements; and motion denied, without prejudice to a renewal on a proper medical affidavit. In the absence of medical proof showing the causal relationship between the accident and the subsequent death of plaintiff’s intestate, a motion to consolidate a personal injury action and a wrongful death action may not be granted {Augenbra/wn v. O é B Distributors, 17 A D 2d 785; ef. McCarthy v. Downes, 17 A D 2d 919). Plaintiff may renew the motion to consolidate upon submitting competent medical proof of such causal connection (cf. Augenbraun v. G & B Distributors, supra; McCarthy v. Downes, supra). Christ, P. J., Hopkins, Munder, Latham and Benjamin, JJ., concur.