CARSON v. BROOKLYN UNION GAS


251 A.D.2d 443 (1998)

677 N.Y.S.2d 477

Anthony W. Carson, Appellant, v. Brooklyn Union Gas et al., Respondents. (Action No. 1.) Anthony W. Carson, Appellant, v. Patlin Transportation Services, Inc., et al., Respondents. (Action No. 2.)

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

June 15, 1998


Ordered that the order is modified, as a matter of discretion, by adding thereto a provision granting leave to renew that branch of the motion which sought a joint trial on the issue of damages in accordance herewith; as so modified, the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Under the particular facts of this case, the court acted within its discretion in denying the plaintiff's motion to consolidate...

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