Opinion
November 28, 1951.
Appeal from Supreme Court, Broome County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On August 20, 1950, an automobile collision involving the parties in the five actions here occurred in Sullivan County. As a result of that collision five separate actions were instituted. Action No. 3 was commenced on September 27, 1950, and the venue laid in Broome County. Action No. 1 was commenced on November 16, 1950, and the venue laid in Kings County. Action No. 2 was commenced on November 25, 1950, and the venue laid in Kings County. Action No. 4 was commenced on February 2, 1951, and the venue laid in Kings County. Action No. 5 was commenced on December 7, 1950, and the venue laid in Kings County. The defendants in action No. 3 made a motion in Broome County to consolidate the actions. Upon the return date of the motion the only persons appearing in opposition were the plaintiffs in actions Nos. 1 and 2. Defendants' attorney in action No. 3 submitted an affidavit in support of the motion. It is conceded that the action in Broome County was first instituted. After hearing the parties the Special Term made an order of consolidation and from that order the plaintiffs in actions Nos. 1 and 2 have appealed. The provision of the Civil Practice Act permitting consolidation should be liberally construed so as to permit consolidation whenever possible without injustice to any of the parties. We think the Special Term made a proper disposition of the motion and that we should not interfere with the exercise of its discretion. Order appealed from unanimously affirmed, with $10 costs and printing disbursements to the respondent in action No. 3 against the plaintiffs in actions Nos. 1 and 2.