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PADILLA v. GREYHOUND LINES

29 A.D.2d 495 (1968)

Benjamin Padilla, as Administrator of The Estate of Israel Mercado and Another, Deceased, et al., Respondents, v. Greyhound Lines, Inc., Appellant, and Victor M. Irizarry, as Administrator of The Estate of Jesus Irizarry, Deceased, Respondent. (Action No. 1.) Catherine Jones, Individually and as Natural Guardian of Kendra Jones and Others, Infants, Respondents, v. Victor M. Irizarry, as Administrator of The Estate of Jesus Irizarry, Deceased, et al., Respondents. (Action No. 2.) Donald H. Carson, Appellant, v. Victor M. Irizarry, as Administrator of The Estate of Jesus Irizarry, Deceased, et al., Respondents. (Action No. 3.)

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

April 4, 1968.

Attorney(s) appearing for the Case

Benjamin Heller of counsel (Bunis & Frank, attorneys), for Benjamin Padilla and others, respondents in Action No. 1.

Clarence E. Mellen of counsel (Mellen, Donnelly & Fogarty, attorneys), for Greyhound Lines, Inc., appellant.

Leonard J. Fassler of counsel (La Cava & Odorisi, attorneys), for Catherine Jones, respondent in Action No. 2.

Philip Hoffer of counsel (Rose L. Hoffer and Peter T. Affatato with him on the brief; Raymond J. MacDonnell, attorney), for Victor M. Irizarry, respondent.

William L. Shumate of counsel (Louis J. Goode, attorney), for Donald H. Carson, appellant.

EAGER, J. P., STEUER, CAPOZZOLI and McGIVERN, JJ., concur.

McNALLY, J.

This is an appeal from an order granting consolidation in three actions and fixing the place of trial in the Supreme Court, New York County, without prejudice to a formal application for a change of venue. For the reasons hereinafter stated, we believe the order to have been erroneously entered.

On July 3, 1965, on the New York Thruway, near the Waterloo Interchange, in the Town of Junius...

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