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LISS v. ARMSTRONG FURNACE CO.

90 A.D.2d 824 (1982)

Adam Liss, an Infant, by His Mother and Natural Guardian, Alice Liss, et al., Respondents, v. Armstrong Furnace Company, Defendants and Third-Party Plaintiffs-Respondents, and Sheldon Liss et al., as Executors of Irwin Liss, Deceased, Appellants. Elizabeth A. Horton Memorial Hospital et al., Third-Party Defendants-Respondents. (Action No. 1.) Charles M. Edwards, Respondent, v. Sheldon Liss et al., as Executors of Irwin Liss, Deceased, Appellants, and Armstrong Furnace Company et al., Defendants and Third-Party Paintiffs-Respondents. Alice Liss, Third-Party Defendant-Appellant, et al., Third-Party Defendants-Respondents. (Action No. 2.) Sheldon Liss et al., Individually and as Executors of Irwin Liss, Deceased, Respondents, v. Armstrong Furnace Company et al., Defendants and Third-Party Plaintiffs-Respondents. Alice Liss, Third-Party Defendant-Appellant, et al., Third-Party Defendants-Respondents. (Action No. 3.)

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

November 22, 1982

Order affirmed, without costs or disbursements.

In our opinion, the appellants have not presented competent evidence demonstrating that the previously ordered joint trial is likely to prejudice the executors as defendants in Actions Nos. 1 and 2 and Alice Liss as a third-party defendant in Actions Nos. 2 and 3. We note that the record does not contain excerpts from examinations before trial or statements of witnesses. Appellants' fears are based upon attorney speculation...

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