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KRAMER BROS. FREIGHT LINES, INC. v. M & C TRANSFER CO., INC.

15 A.D.2d 646 (1962)

Kramer Bros. Freight Lines, Inc., Plaintiff, v. M & C Transfer Co., Inc., Defendant, and Third-Party Plaintiff-Respondent. American Fidelity Fire Insurance Company, Third-Party Defendant-Appellant American Fidelity Fire Insurance Company, Appellant, v. M & C Transfer Co., Inc., et al., Respondents

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

January 23, 1962

Order entered on July 17, 1961, consolidating the two actions, unanimously reversed on the law and in the exercise of discretion and the motion for consolidation denied, with $20 costs and disbursements to appellant.

The consolidation would defeat insurer's purpose in bringing the declaratory judgment action, which was commenced prior to service of the third-party complaint in the other action and involved the same issue. Appellant insurer, if it proceeds promptly...

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