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FERNANDEZ v. JAGODA

21 Misc.2d 545 (1959)

Mario G. Fernandez, Jr., by Mario G. Fernandez, His Guardian ad Litem, Plaintiff, v. Irving Jagoda et al., Defendants. Mario G. Fernandez et al., Plaintiffs, v. Irving Jagoda et al., Defendants. Irene Jagoda et al., Plaintiffs, v. Alice D. Fernandez et al., Defendants. Bari Malpelli, an Infant, by Mario Malpelli, His Guardian ad Litem, et al., Plaintiffs, v. Irving Jagoda et al., Defendants.

Supreme Court, Special Term, New York County.

December 15, 1959.

Attorney(s) appearing for the Case

Swiger, Chambers, Kelley & Harragan (J. Robert Ellner of counsel), for plaintiffs in Actions Nos. 1 and 2.

Howard Schulman and Arthur Abarbanel for plaintiffs in Action No. 4.

Brenner & Geiler (William R. Geiler of counsel), for plaintiffs in Action No. 3.

Flynn & Gibbons for Mario C. Fernandez and another, defendants in Actions Nos.3 and 4.

Galli, Terhune, Gibbons & Mulvehill for Irving Jagoda and another, defendants in Actions Nos. 1, 2 and 4.

MATTHEW M. LEVY, J.

This is a motion to transfer to this court an action pending in Supreme Court, Suffolk County, and to consolidate it with three actions pending in this court. The suits are in negligence, arise out of the same motor vehicle collision, and there is no opposition to the consolidation. However, plaintiffs in Action No. 3, which is pending in Suffolk, request that the consolidated action be transferred...

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