Hamilton v. Standard Operating Corp. — 18 A.D.2d 766

Majority

p. 766

James Hamilton, Plaintiff, v. Standard Operating Corporation, Respondent. (Action No. 1.) Raymond A. Gumieney et al., Plaintiffs, v. Standard Operating Corporation, Respondent. (Action No. 2.) Stanley Schief, Also Known as Jerry Stewart, Appellant, v. Standard Operating Corporation, Respondent. (Action No. 3.)

Order unanimously reversed, with $25 costs and disbursements, and motion denied, with $10 costs. Memorandum: Actions Nos. 1 and 2 were brought in Monroe County, and Action No. 3 in New York County. The actions arise out! of a one ear accident that occurred in Monroe County. None of the parties resides in that county. Plaintiff in Action No. 1 resides in Connecticut. Two of the three plaintiffs in Action No. 2 reside in New York County and the third resides in California. The corporate defendant in all three actions| does business in Broome County. The deceased operator of the vehicle resided in Connecticut. The corporate defendant in Actions Nos. 1 and 2 moves for a joint trial of the three actions in Monroe County. The notice of motion(did not seek a change of venue of Action No. 3 from New York County to Monroe County, but the order appealed from directed joint trial in the latter county. We conclude that the granting of such relief was an improvident exercise of discretion. There was no proof before

p. 767

Special Term that the convenience of material witnesses and the ends of justice would be promoted by the change. (Civ. Prae. Act, § 187.) The relief was apparently granted under section 96-a of the act, which authorizes the ordering of a joint trial, without consolidation, “ whenever it can be done without prejudice to a substantial right.” The appellant established that his substantial rights would be prejudiced by such a joint trial in Monroe County. (Appeal by plaintiff Stanley Sehiff, in Action No. 3, from order of Monroe Special Term granting defendant’s motion to try Action No. 3 in Supreme Court, Monroe County.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.