ANDERLE v. FOOD FAIR STORES


14 Misc.2d 935 (1958)

Joseph Anderle, as Administrator of The Estate of Jennie H. Anderle, Deceased, Plaintiff, v. Food Fair Stores, Inc., Defendant.

Supreme Court, Richmond County.

September 11, 1958.


Attorney(s) appearing for the Case

Barlow, Millard, Amann & Holzka and Kane, Grae & Agar (Michael H. Grae of counsel), for plaintiff.

Santangelo, Morrison & Martorano for defendant.


JAMES C. CRANE, J.

The defendant seeks to dismiss the complaint herein on the ground that there is another action pending for the same cause. The undisputed facts reveal that on or about the 14th day of May, 1956, plaintiff's intestate instituted an action for damages for personal injuries and her husband, Joseph Anderle, in the second cause of action in said complaint claimed damages for medical expenses, loss of services and consortium. Subsequent to...

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