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SMITH v. SMITH

261 A.D.2d 928 (1999)

689 N.Y.S.2d 805

MELODY SMITH et al., Respondents, v. CAROL R. SMITH et al., Appellants. (Action No. 1.) MELODY SMITH et al., Respondents, v. JAMES J. WHITE, JR., Respondent. (Action No. 2.)

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

Decided May 7, 1999.

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced an action seeking damages for personal injuries sustained by Melody Smith (plaintiff) in an automobile accident (action No. 1). Defendants therein moved to consolidate that action with a medical malpractice action subsequently commenced by plaintiffs against a physician who treated plaintiff for the injuries she sustained in the automobile accident (action No. 2). Supreme Court did not...

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