Pretsfelder v. Staper Service Corp.

Order, Supreme Court, New York County (Price, J.) entered September 24, 1981, which denied defendants’ motion for a stay of Action No. 2 pending the determination of the original action and granted plaintiffs’ cross motion for consolidation of the two actions unanimously modified, on the law and the facts, without costs, to deny consolidation of the two actions and otherwise to affirm. Plaintiff, Ernest Pretsfelder, was allegedly struck by a taxicab, owned by Staper Service Corp. and operated by defendant Pickett, while crossing the street. Subsequently the first action was instituted in…