Martin v. Prentice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred C. Prentice, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of April, 1909, consolidating an action in the Municipal Court with the above-entitled action.
1Opinion of the Court
Scott, J..:
Defendant, a physician, sued plaintiff in the Municipal Court for professional services. Two' days later, and before answer in the Municipal Court, plaintiff began this action for damages for malpractice. Thereupon the order appealed from was made consolidating the Municipal Court action with this action, and authorizing defendant to interpose as a counterclaim in this action the matter *742alleged as a cause of action in the Municipal Court. The Order cannot be sustained. Section 817 of the Code of Civil Procedure authorizes a consolidation of two or more actions in favor of the same…
2Cases cited4 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Bellinger v. CraigueNew York Supreme Court · 1860
- Miller v. BaillardAppellate Division of the Supreme Court of the State of New York · 1908
- Mayor v. . CoffinNew York Court of Appeals · 1882
3Cited by3 opinions
- International Post Card Co. v. Lithograph & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1911
- Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1911