Pearsall v. McLain — 24 A.D.2d 759

Majority

p. 759

Jesse Pearsall, as Administrator of the Estate of Karen Pearsall, Deceased, Respondent, v. Alberta McLain, Respondent. (Action No. 1.) Merle E. Capwell, an Infant, by Her Parent and Natural Guardian Earle W. Capwell, et al., Appellants, v. Alberta McLain et al., Respondents. (Action No. 2 and 2 Other Actions.)

In four negligence actions, three to recover damages for personal injury and a fourth to recover damages for injury to property, the plaintiffs in Action No. 2 appeal: (1) from so much of an order of the Supreme Court, Nassau County, entered April 19, 1965, as, on motion of defendant McLain, consolidated Actions Nos. 2 and 3 with Action No. 1 and ordered a joint trial as to said actions (CPLR 602, subd. [a]); and (2) from an order of said court entered May 21, 1965 upon reargument, as adhered to the original decision of the court. Order of May 21, 1965 affirmed, with $10 costs and disbursements (Pace v. New York City Tr. Auth., 19 A D 2d 630 ). Appeal from order of April 19, 1965 dismissed (Matter of Smith [MV AIC], 18 A D 2d 889 ; Edell v. Edell, 279 App. Div. 657 ). That order was superseded by the later order of May 21, 1965. Beldock, P. J., TJghetta, Christ, Brennan and Hill, JJ., concur.