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ARMSTRONG CO. v. LAWRENCE WAREHOUS.

22 A.D.2d 436 (1965)

Action No. 1: A. J. Armstrong Co., Inc., Respondent, v. Lawrence American Field Warehousing Corp. (Formerly Known as American Express Field Warehousing Corporation), Appellant Action No. 2: Procter & Gamble Distributing Company, Respondent, v. Lawrence American Field Warehousing Corp., Appellant Action No. 3: National Dairy Products Corporation, Respondent, v. Lawrence American Field Warehousing Corp., Appellant Action No. 4: Garnac Grain Co., Inc., Respondent, v. Lawrence American Field Warehousing Corp., Appellant Action No. 5: Continental Grain Company, Respondent, v. Lawrence American Field Warehousing Corp., Appellant In Each of the Above-entitled Actions: Lawrence American Field Warehousing Corp., Defendant and Third-Party Plaintiff-Appellant, v. Brooks Banker, as Treasurer of American Express Company, Third-Party Defendant-Appellant

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

January 26, 1965.

Attorney(s) appearing for the Case

James M. FitzSimons of counsel (James B. Donovan with him on the brief; Watters & Donovan, attorneys), for Lawrence American Field Warehousing Corp., appellant.

William W. Owens of counsel (Peter J. O'Shea, Jr., with him on the brief; Royall, Koegel & Rogers, attorneys), for Procter & Gamble Distributing Company, respondent.

Allen T. Klots of counsel (Peter H. Kaminer with him on the brief; Winthrop, Stimson, Putnam & Roberts, attorneys), for Brooks Banker, third-party defendant-appellant.

Sheldon Oliensis of counsel (Ivan Serchuk with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for A. J. Armstrong Co. Inc., respondent.

Henry E. Otto of counsel (Samuel C. Otto with him on the brief; Otto & Easterday, attorneys), for Garnac Grain Co., Inc., respondent.

BREITEL, J. P., VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.

Per Curiam.

Defendant Lawrence American Field Warehousing Corp. and third-party defendant American Express Company appeal from an order granting in part their respective motions for consolidation of five primary actions and for separate trials of the five third-party proceedings in the actions, insofar as it severs and fails to consolidate three primary actions in which partial or complete summary judgment had been...

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