Opinion
December 5, 1949.
As a result of or following a collision between a fire truck and a commercial truck, a pedestrian was killed. In Action No. 1 his administratrix seeks damages for the wrongful death from the respective owners and the drivers of the two trucks. In Action No. 2 the owner and the driver of the fire truck, and two of the fire patrolmen who were riding on the fire truck, seek damages for injuries to the fire truck and to themselves from the owner and the driver of the commercial truck; and the owner of the commercial truck counterclaims for injuries to its truck. Order granting the motion for consolidation of the two actions affirmed, with $10 costs and disbursements. Insofar as the case of Levine v. Products Mfg. Co. ( 217 App. Div. 762) is to the contrary it is overruled. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.