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CICERO v. BERARDI

18 A.D.2d 687 (1962)

Angelina Cicero et al., Respondents, v. John A. Berardi, Respondent. (Action No. 1.) Mary Gaggini et al., Respondents, v. Angelina Cicero et al., Appellants, and John A. Berardi et al., Respondents. (Action No. 2.)

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

December 17, 1962

Order, insofar as appealed from, reversed, without costs; motion granted to the extent of directing consolidation of the two actions; and plaintiffs in Action No. 1 given the right to open and close.

Both actions arose out of the same accident. Except for the question of damages, they involve substantially the same issues; and, except as to damages, presumably the same witnesses would testify at each trial if the actions...

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