Hyperlawhypertext legal database D'Ercole v. Frederick 2 A.D.2d 834

← Cases

D'Ercole v. Frederick

2 A.D.2d 834 Court N.Y. App. Div. Decision date 1956-09-27 English

Contents

Majority

p. 834
Pasquale D’Ercole, as Executor of Dorothy Der Cola, Deceased, Appellant, v. Louise Frederick, Respondent. Louise Frederick, Respondent, v. Pasquale D’Ercole, as Executor of Dorothy Der Cola, Deceased, Respon
p. 835
dent.

Order reversed as matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. The two actions are consolidated with appellant as the plaintiff and respondent as defendant in the consolidated action and the place of trial fixed in Seneca County. Memorandum: In our opinion the discretion of the Special Term was improvidently exercised. All concur. (Appeal from an order of Wayne Special Term denying a motion to consolidate two actions arising out of an automobile accident.) Present — McCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.