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KORN v. DUHL

22 A.D.2d 793 (1964)

Monroe J. Korn, as Executor of Irving Bienen, Deceased, Plaintiff, v. Benjamin Duhl et al., Defendants. (Action No. 1.) Monroe J. Korn, as Executor of Irving Bienen, Deceased, Respondent, v. Long Beach Memorial Hospital, Appellant. (Action No. 2.)

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

November 2, 1964

Order reversed on the law, without costs; and plaintiff's motion denied in toto.

Plaintiff's intestate suffered two identical falls from beds within 24 hours; the first occurred in the nursing home of the defendants in Action No. 1, and the second in the hospital of the defendant in Action No. 2. Within 24 hours; after the second fall, the intestate died, allegedly as a result of injuries sustained in the two falls. CPLR 602 (subd. [a]) authorizes consolidation...

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