Frix

Opinion

Cross & Brown Co. v. Cimbar Corp.

  • 275 A.D.2d 680
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 21, 1949
Status
Published
Cited by
0 cases
Authority
More cited than 2.9%

The opinion

Both actions arose out of the same transaction and should be consolidated. (Civ. Prac. Act, § 96.) Appellant, having commenced its action in New York County prior to the commencement of the action in Westchester County, and respondent having failed to prove that the convenience of witnesses would be served by a trial in Westchester County, the consolidated causes should be tried in New York County. (Cf. Funk v. Nelson, 264 App. Div. 876 .) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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