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PAOLO v. EILAT

51 A.D.2d 585 (1976)

Gladys Paolo, Plaintiff, v. Serena Eilat, Defendant, and Gerald Friedman, Appellant. (Action No. 1) Steven Eilat et al. Infants, by Their Mother and Natural Guardian, Serena Eilat, et al., Respondents, v. Gerald Friedman, Appellant. (Action No. 2)

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

January 26, 1976

Order reversed, in the exercise of discretion in the interest of justice, without costs, and motion granted.

Under the circumstances, wherein these actions arise out of the same automobile accident, it was an improvident exercise of discretion to deny consolidation (see Edwards v Lewin, 284 App Div 28; Liotta v Pollack, 21 A.D.2d 934). Our reversal is without prejudice to a motion by the plaintiffs in Action No. 2...

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