MATTER OF HILL v. SMALLS


49 A.D.2d 724 (1975)

In the Matter of Ernest Hill, Appellant, v. Joe Smalls et al., Respondents

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

September 25, 1975


We find no abuse of discretion in Special Term's denial of appellant's motion to remove and consolidate two personal injury negligence actions pending in the Civil Court and for an increase in the ad damnum to $1,000,000. The actions arise out of unrelated accidents occurring in 1966 and 1967, the first action having been commenced in the Civil Court and the latter one year later in the Supreme Court. On May 30, 1974 the latter action was remanded to the Civil Court...

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