McNICHOLS v. WEISS


12 A.D.2d 646 (1960)

Michael McNichols et al., Respondents, v. Lester Weiss, Appellant

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

December 14, 1960


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

In our opinion, it was an improvident exercise of discretion to deny consolidation. The personal injuries for which recovery is sought in the Supreme Court action, and the property damage for which recovery is sought in the District Court action, both resulted from the same accident between two automobiles. The female plaintiff, who is the owner of one of the automobiles involved, is the plaintiff...

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