IMP v. TULLY & DI NAPOLI, INC.


286 A.D. 841 (1955)

Steven Imp, Respondent, v. Tully & Di Napoli, Inc., Appellant, et al., Defendant Caterina Di Pasquale et al., Respondents, v. Tully & Di Napoli, Inc., Appellant, et al., Defendant

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

June 28, 1955.


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied.

The determination that these actions should be jointly tried was an improvident exercise of discretion. Both actions are generally similar in that they seek damages for injury to property as the result of blasting by the appellant in the course of the performance of a contract with the defendant city. The respective properties are stated to be "within the same area...

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