Appellate Division of the Supreme Court of New York, 1969

Calvaruso v. Our Lady of Peace Roman Catholic Church

Calvaruso v. Our Lady of Peace Roman Catholic Church
Appellate Division of the Supreme Court of New York · Decided May 19, 1969
32 A.D.2d 653; 301 N.Y.S.2d 450; 1969 N.Y. App. Div. LEXIS 3935
Calvaruso v. Our Lady of Peace Roman Catholic Church

Opinion of the Court

Appeal from an order of the Supreme Court, Kings County, dated October 4, 1968, which granted plaintiffs’ motion to consolidate the two actions and for other incidental relief. Order affirmed, with $20 costs and disbursements. In our opinion, the advantages resulting from the consolidation outweigh the arguments against consolidation (cf. Weiss v. City of New York, 27 A D 2d 709). Under the circumstances disclosed, the liability, if any, and extent of damage caused by each of the defendants, should be resolved by the same trier of the facts. Beldock, P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

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