From Casetext: Smarter Legal Research

Wheeler v. Meadowbrook Transportation Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1957
3 A.D.2d 763 (N.Y. App. Div. 1957)

Opinion

March 18, 1957


The operator of a passenger automobile brought an action in the Supreme Court, Nassau County, to recover damages for personal injuries against the owner and operator of a taxicab which had collided with the passenger car. In the District Court of Nassau County, the owner of the passenger car sued the owner and operator of the taxicab to recover damages for injuries to his car, and the operator of the taxicab sued the owner and operator of the passenger car to recover damages for personal injuries. The appeal is from an order of the Supreme Court, Nassau County, denying appellant's motion to transfer to that court, and to consolidate with the action pending therein, the two actions pending in the District Court of Nassau County. Order affirmed, without costs. The District Court actions are ready for trial. The Supreme Court action will not be reached for trial for almost three years. In the light of this fact, the denial of the motion was not an improper exercise of discretion ( Casanave v. Robbins, 262 App. Div. 873; Friedman v. Kleinman, 275 App. Div. 715; Miro v. Gottheim, 285 App. Div. 834). Wenzel, Acting P.J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.


Summaries of

Wheeler v. Meadowbrook Transportation Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1957
3 A.D.2d 763 (N.Y. App. Div. 1957)
Case details for

Wheeler v. Meadowbrook Transportation Corp.

Case Details

Full title:BERTHA E. WHEELER, Appellant, v. MEADOWBROOK TRANSPORTATION CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1957

Citations

3 A.D.2d 763 (N.Y. App. Div. 1957)

Citing Cases

Simplex Plumbing Supply Co. v. Bonded Heat Power

Ordinarily, where trial of one action, which was diligently commenced, is imminent, a motion to consolidate…

Nicolla v. Nicolla

Defendant answered, denying the material allegations of the complaint and raising, as an affirmative defense,…