NEWBURGH v. CLARENDON GARDENS


33 Misc.2d 436 (1962)

Eric Newburgh, an Infant, by His Guardian ad Litem, Burton Newburgh, et al., Plaintiffs, v. Clarendon Gardens, Inc., Defendant.

Supreme Court, Special Term, Kings County.

April 9, 1962


Attorney(s) appearing for the Case

Finkelstein & Edelman for plaintiffs. Bernard Helfenstein for defendant.


WALTER R. HART, J.

The complaint herein alleges two separate and distinct causes of action in negligence against the same defendant for injuries sustained by the infant plaintiff on two separate occasions in separate parts of the premises owned by defendant. There are no facts alleged purporting to relate causally the second accident to the first.

Defendant moves to sever the causes of action. While pursuant to section 258 of the Civil Practice...

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