ZACHARIAS v. WALDBAUM, INC.


208 A.D.2d 528 (1994)

616 N.Y.S.2d 1003

Harry Zacharias et al., Appellants, v. Waldbaum, Inc., et al., Respondents. (Action No. 1.) Harry Zacharias et al., Appellants, v. Debra Henry et al., Respondents. (Action No. 2.)

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

October 3, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

Under the facts of these two cases, the court properly exercised its discretion in denying the plaintiffs' motion for a joint trial. Although both of these cases involve similar back injuries that allegedly occurred 4 years apart, the plaintiffs failed to allege specifically that the second accident had aggravated the injury caused by the first accident...

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