KELLY v. JOHN VOGEL, INC.


279 A.D. 797 (1952)

Frances S. Kelly, as Administratrix of The Estate of William J. Kelly, Deceased, Respondent, v. John Vogel, Inc., et al., Appellants Margaret Yockel, as Administratrix of The Estate of Arthur Yockel, Deceased, Respondent, v. John Vogel, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 14, 1952.


Order reversed on the law, with $10 costs and disbursements, payable by respondent Yockel, and motion granted, with $10 costs, payable by the same respondent.

Both actions arose out of the same accident and, except for the questions of contributory negligence and damages, will involve precisely the same issues. Presumably the same witnesses would testify at both trials if the actions were separately tried. Respondent Yockel has failed to show that consolidation will...

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