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FULLER v. SCALA

50 A.D.2d 999 (1975)

Robert E. Fuller, Plaintiff, v. Robert Scala et al., Defendants (Action No. 1.) Robert E. Fuller, Respondent, v. Chrysler Leasing Corporation et al., Defendants. (Action No. 2.) Carleton G. Whitaker, Inc., Respondents, v. Chrysler Leasing Corporation et al., Defendants. (Action No. 3.) Robert Scala, Appellant, v. Discount Rent-A-Car Corporation, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Carleton G. Whitaker, Inc., et al., Third-Party Defendants-Respondents. (Action No. 4.)

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

December 18, 1975

The plaintiff in Action No. 3, Carleton G. Whitaker, Inc., moved by a notice of motion dated February 27, 1975 to consolidate the actions all of which relate to a vehicular collision in Sullivan County. There was no opposition by the parties in Actions No. 1 and 2 to consolidate with Action No. 3 in Delaware County. The plaintiff, Scala, in Action No. 4, however, opposed such consolidation of his pending New York County case. In the affirmation by counsel on behalf of Scala...

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