New York Supreme Court, 1957

Linden v. Gastoldi

New York Supreme Court · Decided January 11, 1957 · Brown

5 Misc. 2d 316; 164 N.Y.S.2d 201; 1957 N.Y. Misc. LEXIS 3703

Counsel

Jacob S. Spiro for plaintiffs in Action No. 1., Jones & Lynch for defendants in Action No. 1, and Maurice Gastoldi and another, defendants in Action No. 2., John J. Ferris for plaintiffs in Action No. 2., Hartsell, Harrington & Jacobs for Sylvia Linden and another, defendants in Action No. 2.

Opinion of the Court

James S. Brown, J.

Motion to consolidate two actions arising out of an automobile collision. One action is pending in this court and one is pending in the City Court. Both actions have not been noticed for trial. The attorney for plaintiffs in Action No. 2 opposes this motion on the grounds the City Court action is a nonjury case and will be tried in the near future and that Action No. 1 has not yet been preferred under rule 9 of the Kings County Supreme Court Buies for Trial Terms. However, he indicated that he would consent to consolidation when Action No. 1 obtains a rule 9 preference. Accordingly, this motion is denied as premature.

Submit order.

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