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TAMMANY v. BLOOM

5 A.D.2d 996 (1958)

George Tammany, an Infant, by Paul A. Tammany, His Guardian ad Litem, et al., Respondents, v. Bert S. Bloom, Defendant Robert K. Huson, an Infant, by Millard F. Huson, Jr., His Guardian ad Litem, et al., Plaintiffs, v. Paul Tammany et al., Appellants, et al., Defendant Bert S. Bloom, Respondent, v. General Foods Corp. et al., Defendants Bert S. Bloom, as Administrator of The Estate of Alice K. Bloom, Deceased, Respondent, v. General Foods Corp. et al., Defendants

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

April 10, 1958

Order reversed, without costs, and motion granted.

In our opinion, respondent Bloom failed to show that such consolidation will prejudice a substantial right. (Cf. Shea v. Benjamin, 275 App. Div. 1003; Kelly v. John Vogel, Inc., 279 App. Div. 797; Littman v. Jacobowski, 2 A.D.2d 898.) The order to be entered hereon may provide that respondent Bloom, as plaintiff in Action No. 3, which action was first commenced...

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