Opinion
April 29, 1963
In negligence actions, the plaintiffs in Actions Nos. 2, 3 and 4 appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, dated August 8, 1961, granting a joint trial of all the actions, as directed (pursuant to Civ. Prac. Act, § 96-a) that such trial be had in Westchester County, where Action No. 1 is pending. Order, insofar as appealed from, affirmed, with one bill of $10 costs and disbursements. While Action No. 1 was brought in Westchester County after the commencement of Action No. 3 in Queens County (where the other actions are pending), nevertheless it also appears: (a) that the accident occurred in Westchester County; (b) that the injured parties received initial hospital and medical treatment in Westchester County; and (c) that the convenience of material witnesses will be promoted by a trial in that county. Under all these circumstances Special Term properly exercised its discretion in directing that the actions be tried together in Westchester County ( Gerber v. B.C.R. Hotel Corp., 10 A.D.2d 956; Bernstein v. McKane, 3 A.D.2d 764; Hobbs v. San Filippo, 281 App. Div. 929; Gruber v. Alpert, 257 App. Div. 100 7). Beldock, P.J., Ughetta, Christ, Hill and Rabin, JJ., concur.