Hobbs v. San Filippo

— Both of these actions arose ont of the same automobile accident which occurred in Sullivan County on May 8, 1950. Action No. 1 was commenced in New York County, where the plaintiff resides, on January 12, 1951. Action No. 2 was commenced in Sullivan County, where the plaintiff resides, on October 25, 1951. Upon motion of the defendant-respondent James Warren Kelly, unopposed except by the plaintiff in Action No. 1 an order was made at Special Term in Sullivan County consolidating the two actions, fixing the place of trial in Sullivan County, and granting the plaintiff in Action No. 1 the…