Tannenbaum v. Bangor Mills, Inc.

Appellate Division of the Supreme Court of New York

Tannenbaum v. Bangor Mills, Inc.

3 A.D.2d 698, 159 N.Y.S.2d 76, 1957 N.Y. App. Div. LEXIS 6458

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

DecidedFebruary 11, 1957

StatusPublished

This text of 3 A.D.2d 698 (Tannenbaum v. Bangor Mills, Inc.) 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

Tannenbaum v. Bangor Mills, Inc., 3 A.D.2d 698, 159 N.Y.S.2d 76, 1957 N.Y. App. Div. LEXIS 6458 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal from an order of Special Term directing a joint trial of eight causes of action —■ for goods sold and delivered and on checks of an aggregate total of approximately $450,000 — on the complaint of three plaintiffs against a single defendant. While there may be one fundamental issue common to each complaint, viz., the relationship between one Shetzline and the defendant, there are rather different transactions involving each plaintiff which may override the one issue that is common to all of them. Thus the granting of the relief provided for under section 96-a of the Civil Practice Act, as a matter of discretion, is not warranted. Order unanimously reversed, without costs, and a separate trial ordered as to each plaintiff. Settle order on notice. Concur — Breitel, J. P., Rabin, Prank and Valente, JJ.

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Appeal from an order of Special Term directing a joint trial of eight causes of action —■ for goods sold and delivered and on checks of an aggregate total of approximately $450,000 — on the complaint of three plaintiffs against a single defendant. While there may be one fundamental issue common to each complaint, viz., the relationship between one Shetzline and the defendant, there are rather different transactions involving each plaintiff which may override the one issue that is common to all of them. Thus the granting of the relief provided for under section 96-a of the Civil Practice Act, as a matter of discretion, is not warranted. Order unanimously reversed, without costs, and a separate trial ordered as to each plaintiff. Settle order on notice. Concur — Breitel, J. P., Rabin, Prank and Valente, JJ.

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Bluebook (online)

3 A.D.2d 698, 159 N.Y.S.2d 76, 1957 N.Y. App. Div. LEXIS 6458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tannenbaum-v-bangor-mills-inc-nyappdiv-1957.