Haber v. Newton, 280 A.D. 822 (N.Y. App. Div. 2d Dep't 1952). · Go Syfert
Haber v. Newton, 280 A.D. 822 (N.Y. App. Div. 2d Dep't 1952). Cases Citing This Book View Copy Cite
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Mark Haber
v.
Clarence Newton, (Action No. 1.) Clarence Newton v. Mark Haber, (Action No. 2.)
Appellate Division of the Supreme Court of the State of New York.
Jun 23, 1952.
Published opinion
280 A.D. 822
1952 N.Y. App. Div. LEXIS 3816
Published

Action No. 1, to recover damages for personal injuries, injury to property, and loss of services, and action No. 2, brought by defendant in action'No. 1 against "the adult plaintiffs in that action to recover damages for personal injuries and injury to property, were consolidated by order dated May 7, 1952." The court at Special Term granted a motion by defendant in action No.' 1 (plaintiff in action No. 2) for reargument, and on reargument, vacated the order "of May 7, 1952, and denied the motion" for consolidation. Order, on reargument, reversed, with $10 costs and disbursements, the motion for reargnment denied, without costs, and order of May 7, 1952, reinstated. Under the circumstances, it was an improvident exercise of discretion to have denied, on reargument, the motion for consolidation. Carswell, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ., concur.