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CAREL ALMO SERV. INC. v. WEISSKOPF

42 A.D.2d 953 (1973)

Carel Almo Service Inc., Respondent, v. Robert Weisskopf, Respondent. (Action No. 1.) Robert J. Weisskopf, Respondent, v. Manhattan Direct Mail, Inc., et al., Appellants. (Action No. 2.)

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

October 23, 1973

As so modified, the order appealed from is otherwise affirmed, without costs and without disbursements.

These actions had been consolidated by order of a Justice of the Supreme Court. No appeal was taken by either party from such order. We have held repeatedly under such circumstances that it is improper for a Justice of co-ordinate jurisdiction to overrule the action of the prior Justice (see, also, 1 Carmody-Wait 2d, New York Practice, § 2.64, p. 76). The actions...

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