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PIERCE v. INT. HARVESTER

65 A.D.2d 254 (1978)

Richard Pierce, Appellant, v. International Harvester Company, Defendant-Respondent and Third-Party Plaintiff-Respondent Price Leasing Corp. et al., Third-Party Defendants-Appellants

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

December 15, 1978

Attorney(s) appearing for the Case

Kernan & Kernan, P. C. (Earle C. Bastow of counsel), for appellant.

Carl J. Cochi (John Setright of counsel), for Price Leasing Corp., third-party defendant-appellant.

Oot, Setright & Ciabotti (John Setright of counsel), for George W. Brown, Inc., third-party defendant-appellant.

MacKenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for respondent.

CARDAMONE, J. P., DILLON and SCHNEPP, JJ., concur with WITMER, J.; HANCOCK, JR., J., dissents in an opinion and votes to affirm the order.

WITMER, J.

The issue on this appeal is whether Special Term abused its discretion in ordering that the two cases involved herein be tried together. We conclude that it did.

The issue grows out of our decision in a prior appeal in case No. 1, that is, Pierce v International Harvester Co. (61 A.D.2d 255); and the facts and applicable law in that case are basic...

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