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Jacobson v. Harte & Co.

23 A.D.2d 843 Court N.Y. App. Div. Decision date 1965-05-20 English

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p. 843
Joseph Jacobson et al., Copartners Doing Business as Argenta Products Co., Respondents, v. Harte & Company, Inc., Appellant. (Action No. 1.) Harte & Company, Inc., Appellant, v. American Casualty Company of Reading, Pennsylvania, Defendant and Third-Party Plaintiff-Respondent. Joseph Jacobson et al., Copartners Doing Business as Argenta Products, Third-Party Defendants-Respondents; Heinz Neunteufel et al., Third-Party Defendants. (Action No. 2.) Harte & Company, Inc., Appellant, v. Heinz Neunteufel, Respondent. (Action No. 3.)

Order entered November 12, 1964, upon the motion of plaintiffs-respondents in Action No. 1 and third-party defendants-

p. 844
respondents in Action No. 2 and upon the cross motion of defendant and third-party plaintiff-respondent in Action No. 2, directing a joint trial of said actions and of Action No. 3 and staying the trial of Action No. 1, unanimously reversed, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion and cross motion denied. Certain issues in Action No. 2 — -which the cross movant itself refers to as “a very complicated, time-consuming case ” — differ from those in the other actions, and in our opinion the probability of confusion attendant upon a joint trial may not be discounted. It is noted that the instant motions were not undertaken until Action No. 1 was ready for trial. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.