Legal Opinion
Kelly v. John Vogel, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1952PublishedCited by 6 opinions
1Opinion of the Court
Both actions arose out of the same accident and, except for the questions of contributory negligence and damages, will involve precisely the same issues. Presumably the same witnesses would testify at both trials if the actions were separately tried. Respondent Yockel has failed to show that consolidation will prejudice a substantial right. (Tascio v. Citizens Bank of White Plains, 254 App. Div. 881; Scherman v. Scherman, 261 App. Div. 908; Alexander v. Odgis, 272 App. Div. 917; Shlansky & Bro. v. Grossman, 273 App. Div. 544; Shea v. Benjamin, 275 App. Div. 1003.) The order to be entered may…
2Cases cited3 opinions
- Philip Shlansky & Bro. v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1948
- Tascio v. Citizens Bank of White PlainsAppellate Division of the Supreme Court of the State of New York · 1938
- Scherman v. SchermanAppellate Division of the Supreme Court of the State of New York · 1941
3Cited by6 opinions
- Burger v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1965
- Pace v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1963
- Cicero v. BerardiAppellate Division of the Supreme Court of the State of New York · 1962
- Davis v. WilliamsAppellate Terms of the Supreme Court of New York · 1959
- Horowitz v. KarronAppellate Division of the Supreme Court of the State of New York · 1958
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