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WITZKE v. DOYLE

3 Misc.2d 323 (1955)

Luther Witzke, Respondent, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Appellant. (Action No. 1.) Adele Bloom et al., Respondents, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Appellant, and Luther Witzke, Respondent. (Action No. 2.) Luther Witzke, Respondent, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Appellant. (Action No. 3.)

Supreme Court, Appellate Term, First Department.

October 20, 1955.

Attorney(s) appearing for the Case

David C. Keane, Jr., and Edward D. Burns for appellant.

Jack H. Fox and Samuel Markle for Luther Witzke, respondent.

EDER, SCHREIBER and HECHT, JJ., concur.

Per Curiam.

Consolidations are naturally favored by the courts to save the time of litigants, witnesses, attorneys and the courts themselves in unnecessary duplicative proceedings and trials, thus expediting easing of the calendar congestion, and at the same time avoiding possible inconsistency of verdicts or decisions resulting from separate trials. Such considerations may not be permitted, however, to outweigh the element of substantial prejudice to any party...

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