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Gruber v. Alpert

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1939
257 App. Div. 1007 (N.Y. App. Div. 1939)

Opinion

June 30, 1939.


Order denying motion for consolidation of two actions brought to recover damages arising out of the same collision between two motor vehicles, and for change of place of trial from Kings county to Ulster county, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion the controlling factor upon the facts in this case is that the causes of action arose in Ulster county. ( Van Alstine v. Burt, 151 App. Div. 81; Mencke v. Goldberg, 208 id. 820; Woodland Lumber Mfg. Co. v. Barnett, 185 id. 572; Schulz v. Hudson Valley Railway Co., 147 id. 788, 789; Rose v. Town of Richmond, 214 id. 142, 144.) The actions may be consolidated without prejudice to any substantial rights, and the codefendant Bessie Gibber in the action in which Anna Gruber and Leo Gruber are plaintiffs has expressly consented to the removal of these actions to Ulster county. Lazansky, P.J., Hagarty, Johnston, Adel and Taylor, JJ., concur.


Summaries of

Gruber v. Alpert

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1939
257 App. Div. 1007 (N.Y. App. Div. 1939)
Case details for

Gruber v. Alpert

Case Details

Full title:ANNA GRUBER and LEO GRUBER, Respondents, v. SOL ALPERT, Appellant, and…

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

Date published: Jun 30, 1939

Citations

257 App. Div. 1007 (N.Y. App. Div. 1939)

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