Legal Opinion

Bril v. Storm

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 1949Published

1Opinion of the Court

The appellant will have the right, in such consolidated action, to open and close the ease. All the parties virtually concede that the three actions here involved should be consolidated. Apart from such concession, consolidation would properly be directed in any event, since all three actions arise out of the same occurrence. The dispute here relates only to the proper place of trial for the consolidated action. “ There is nothing in the record that would warrant disregarding the general rule that where consolidation of actions begun in different counties is had, the venue should be in the…

2Cases cited2 opinions

  1. Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
  2. Quality Fruit Wines Corp. v. SingerAppellate Division of the Supreme Court of the State of New York · 1944

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