FUNDERBURK v. SERV. TRUCKING CO., INC.


2 A.D.2d 834 (1956)

Rosanna Funderburk, by George Funderburk, her Guardian ad Litem, et al., Plaintiffs, v. Service Trucking Co., Inc., Respondent, and Spofford Funderburk, Appellant

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

September 27, 1956


Order reversed as matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs, and appellant's cause of action directed to be first tried.

Memorandum:

We believe a trial of the action as consolidated would be prejudicial to the interests of the appellant, Spofford...

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