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DE LUCCY v. FERRARA

12 A.D.2d 782 (1961)

James De Luccy, as Administrator of The Estate of Lorraine V. De Luccy, Deceased, Plaintiff, v. John Ferrara et al., Defendants. (Action No. 1.) Albert Guarnieri, Plaintiff, v. City of Yonkers et al., Defendants. (Action No. 2.) John Ferrara, Plaintiff, v. William B. Monk et al., Defendants. (Action No. 3.) Frederick Rogers, Appellant, v. William B. Monk et al., Defendants. (Action No. 4.) Robert Monk, an Infant, by His Guardian ad Litem, William Monk, et al., Respondents, v. Frederick Rogers, Defendant. (Action No. 5.)

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

January 9, 1961

Order on reargument reversed, without costs, and motion to consolidate Action No. 5 with the presently consolidated Actions Nos. 1, 2, 3 and 4, granted; the trial of the five actions thus consolidated to be had under the Trial Calendar number (11,346) of Action No. 5. Under the circumstances prevailing in November, 1958, when the orders appealed from were made, the denial of the motion was a proper determination.

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