Tucker v. Pernell

Appellate Division of the Supreme Court of New York

Tucker v. Pernell

50 A.D.2d 946, 377 N.Y.S.2d 188

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

DecidedDecember 31, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 946 (Tucker v. Pernell) 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

Tucker v. Pernell, 50 A.D.2d 946, 377 N.Y.S.2d 188 (N.Y. Ct. App. 1975).

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Opinion

— In an action for a declaration as to which of the defendant insurers is obligated to defend a certain claim, the appeal is from so much of an order of the Supreme Court, Kings County, dated July 29, 1975, as (1) denied appellants’ motion for summary judgment and (2) consolidated this action with a certain pending negligence action. Order modified by deleting therefrom the provisions consolidating the two actions and substituting therefor a provision that the two actions shall be tried jointly. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to respondents. In our opinion, the interests of all of the parties will best be served by a joint trial. Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Munder, JJ., concur.

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— In an action for a declaration as to which of the defendant insurers is obligated to defend a certain claim, the appeal is from so much of an order of the Supreme Court, Kings County, dated July 29, 1975, as (1) denied appellants’ motion for summary judgment and (2) consolidated this action with a certain pending negligence action. Order modified by deleting therefrom the provisions consolidating the two actions and substituting therefor a provision that the two actions shall be tried jointly. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to respondents. In our opinion, the interests of all of the parties will best be served by a joint trial. Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

50 A.D.2d 946, 377 N.Y.S.2d 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-pernell-nyappdiv-1975.

Opinion

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