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THRASHER v. UNITED STATES LIAB. INS. CO.

45 Misc.2d 681 (1965)

Julius Thrasher, Plaintiff, v. United States Liability Insurance Company et al., Defendants. (Action No. 1.) Joseph Morgan, Plaintiff, v. United States Liability Insurance Company, Defendants. (Action No. 2.)

Supreme Court, Special Term, New York County.

February 18, 1965

Attorney(s) appearing for the Case

Glatzer, Glatzer & Evans (Martin Evans of counsel), for United States Liability Insurance Company, defendant.

MATTHEW M. LEVY, J.

This motion by the defendant United States Liability Insurance Company for an order consolidating the two actions herein cannot be disposed of on the merits. It must be and is denied; but such determination is without prejudice to renewal upon due notice of motion.

CPLR 2214 (subd. [b]) requires service of a notice of a motion and the supporting affidavits at least 8 days before the return date, and CPLR 2103 (subd. [b], par...

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