Legal Opinion
Watkins Body Corp. v. Arditi Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 1951PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: Although the Erie County action is not yet at issue it clearly appears from the papers presented on the motion that common questions of fact will be involved in both actions. Each party will undoubtedly swear the same witnesses in each action. Under such circumstances the fact that the Erie County action is not presently at issue is not a factor fatal to the motion for consolidation (Gibbs v. Sokol, 216 App. Div. 260, 262). Likewise the fact that neither I. Arditi or Arditi Limited is a party to the New York County action is not under circumstances present here a valid reason to…
2Cases cited6 opinions
- Gibbs v. SokolAppellate Division of the Supreme Court of the State of New York · 1926
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- Van Devort v. K. & H. Evaporating Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Dexter Sulphite Pulp & Paper Co. v. HearstAppellate Division of the Supreme Court of the State of New York · 1923
- Kappa Frocks, Inc. v. Alan Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sullivan County Building Material Co. v. BerkmanAppellate Division of the Supreme Court of the State of New York · 1954
- City of Salamanca v. Rocell Construction Co.New York Supreme Court · 1960
- Leising v. NortonNew York Supreme Court · 1954
- Bains v. American Tactical, Inc.District Court, W.D. New York · 2023
- Mistone v. HolzmanAppellate Division of the Supreme Court of the State of New York · 1953