PREISS v. BRANNIGAN


6 A.D.2d 1046 (1958)

Charles E. Preiss et al., Appellants, v. Harry J. Brannigan, Sr., Respondent. (Action No. 1.) Harry J. Brannigan, Respondent, v. Charles E. Preiss, Appellant. (Action No. 2.)

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

October 6, 1958


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

Both actions arise out of the same accident and, except for the question of damages, involve precisely the same issues. Presumably the same witnesses will testify at both trials. All of the parties reside in Kings County; the accident occurred in Kings County, and all of the witnesses are in New York City. Action No. 1 was commenced some four months before Action No. 2. Under all...

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