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FISCHER v. EL SAIEH

23 A.D.2d 695 (1965)

Fred R. Fischer, as Husband of Georgina Fischer, an Infant, Respondent, v. Myrtle El Saieh et al., Defendants, and Patricia Cicatello, Appellant. (Action No. 1.) Myrtle El Saieh et al., Respondents, v. Patricia J. Cicatello, Appellant. (Action No. 2.)

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

March 29, 1965

Order reversed, without costs, and motion granted.

Action No. 1 was instituted against the defendant Cicatello by a passenger in her automobile. Action No. 2 was instituted against said defendant by the owner and operator of the other automobile. In our opinion, under the circumstances here, it was an improvident exercise of discretion to deny the motion to remove Action No. 2 and to consolidate the...

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