SMITH v. WITTEMAN CO., INC.


10 A.D.2d 793 (1960)

Althea Smith et al., Infants, by Levi Smith, their Guardian ad Litem, et al., Respondents, v. Witteman Co., Inc., et al., Respondents, and County of Cattaraugus, Appellant Rebecca Smith, Respondent, v. Witteman Co., Inc., et al., Respondents, and County of Cattaraugus, Appellant George Kroening, Jr., Respondent, v. County of Erie et al., Respondents, and County of Cattaraugus, Appellant Julia Fox, as Administratrix of The Estate of Gerald W. Fox, Deceased, Respondent, v. County of Erie et al., Respondents, and County of Cattaraugus, Appellant

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

March 2, 1960


Order denying motion for consolidation modified in the exercise of discretion, so as to direct a joint trial of all the actions, the trial to be held in Cattaraugus County, and, as so modified, unanimously affirmed, without costs of this appeal to any party.

Memorandum:

A collision between two automobiles took place on a highway bridge between Cattaraugus and Erie Counties. Four actions for damages were brought as a result of the accident, two in Cattaraugus...

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