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LEVENSON v. MILLER

27 A.D.2d 659 (1967)

Alice Levenson, by Her Parent and Natural Guardian Abraham Levenson, et al., Respondents, v. Benjamin Miller, Appellant. (Action No. 1.) Kurt J. Osborne, as Parent and Natural Guardian of Caroll J. Osborne, an Infant, et al., Respondents, v. Benjamin Miller, Appellant, and General Motors Corporation, Respondent. (Action No. 2.)

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

January 9, 1967

Reversed insofar as appealed from, with $10 costs and disbursements payable by appellant to respondents Osborne; and actions consolidated and shall proceed in the Supreme Court, New York County.

Plaintiffs in each action have agreed to a consolidation in New York County. Therefore, the fact that suit was first commenced in Westchester County is of little importance in the decision as to venue. Under the facts herein, the prejudice which would be sustained by plaintiffs...

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