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Witherspoon v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1997
238 A.D.2d 276 (N.Y. App. Div. 1997)

Opinion

April 24, 1997


Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about November 29, 1995, which granted plaintiff's motion for a joint trial of two personal injury actions, unanimously affirmed, without costs.

Here, two personal injury actions arising out of separate accidents involve a claim by plaintiff that the injuries alleged in the first action were exacerbated by the accident alleged in the second action. A claim by the defendant in one of the actions that the plaintiff's injuries were caused by the negligence of the defendant in the other action mandates that the two actions should be tried together, absent a particularized showing of prejudice ( see, Kupferschmid v. Hennessy, 221 A.D.2d 225; Richardson v. Uess Leasing Corp., 191 A.D.2d 394). We perceive no threat of jury confusion or other prejudice in the present circumstances, where one of the defendants is named in both actions.

Concur — Milonas, J.P., Ellerin, Tom and Mazzarelli, JJ.


Summaries of

Witherspoon v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1997
238 A.D.2d 276 (N.Y. App. Div. 1997)
Case details for

Witherspoon v. New York City Housing Auth

Case Details

Full title:JULIA WITHERSPOON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 24, 1997

Citations

238 A.D.2d 276 (N.Y. App. Div. 1997)
656 N.Y.S.2d 629

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