Opinion
April 10, 1964
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Henry, Noonan and Del Vecchio, JJ.
Order unanimously reversed, without costs of this appeal to any party and motion granted in accordance with memorandum, without costs. Memorandum: — The order denied a motion of the defendant Buffalo Transit Company for an order severing the cause of action in the complaint against it and the codefendant, McGrath. The complaint alleges a single cause of action to recover damages for personal injuries allegedly sustained in separate automobile accidents which occurred nearly 15 months apart. Unlike Potter v. Clark ( 19 A.D.2d 585) upon the record before us, we do not find that this is the type of case which "particularly lends itself to a single trial." In the exercise of reasonable discretion the motion should have been granted to the extent of directing plaintiff to serve amended complaints setting forth each cause of action separately.