Trudel v. Laube's Amherst, Inc.

Order unanimously reversed, without costs, and motion denied. Memorandum: It was an improvident exercise of discretion for the Calendar Justice to restore these negligence actions to the Trial Calendar. The accident upon which action No. 1 was based occurred over seven years ago, on July 9, 1965 and suit on it was not begun until July 2, 1968. Action No: 2 was based on an accident which occurred on September 16, 1966, and suit on it was begun by service on the defendant on July 3, 1968. The two actions were joined together in one complaint; and defendants in action No. 1 moved to sever them,…