Abbatepaolo v. Blumberg
| Decision Date | 05 January 1959 |
| Docket Number | No. 1,No. 2,1,2 |
| Citation | 182 N.Y.S.2d 83,7 A.D.2d 847 |
| Parties | Paul ABBATEPAOLO, Respondent, v. Hattie BLUMBERG and Solomon Blumberg, Defendants. (Action) Paul ABBATEPAOLO and Louis Abbatepaolo, Respondents, v. Bernice P. GRAMLICH and others, Defendants, Petroleum Heat and Power Company, Inc., and Saint Johns Hospital, Appellants. (Action) |
| Court | New York Supreme Court — Appellate Division |
Frank B. Gass, New York City, for appellant Petroleum Heat and Power co.
Alexander Gangel, New York City, for appellant St. Johns Hospital.
Morton S. Bunis, New York City, for respondent, Benjamin H. Siff, New York City, on the brief.
Before NOLAN, P. J., and MURPHY, UGHETTA, KLEINFELD and HALLINAN, JJ.
MEMORANDUM BY THE COURT.
Action No. 1 was instituted by Paul Abbatepaolo to recover damages for personal injuries sustained by him at about 11:30 A.M. on February 22, 1957 when he was struck, while riding a bicycle, by a motor vehicle owned and controlled by the defendants Blumberg. Action No. 2 was instituted by Paul Abbatepaolo and by his son, Louis, to recover damages for personal injuries against the owners, operators and those in control of an ambulance and an oil truck. The alleged injuries were sustained at about 12:10 P.M. on February 22, 1957 when the ambulance which was taking Paul to the hospital, following the accident involved in Action No. 1, and in which Louis was also riding, was in collision with the oil truck. The owner of the ambulance and the lessee of the oil truck appeal from an order granting respondents' motion, pursuant to section 96-a of the Civil Practice Act, for a joint trial of the two actions.
Order reversed, with $10 costs and disbursements, and motion denied.
The two actions did not grow out of the same set of facts and a joint trial, therefore, could not be ordered. Civil Practice Act, § 96-a; Gamble v. Fraleigh, 1 Misc.2d 347, 348, 146 N.Y.S.2d 146, 147. If it be assumed that the motion...
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Shacter v. Richter
...are on all fours with the facts in this case. These cases are Gamble v. Fraleigh, 1 Misc.2d 347, 146 N.Y.S.2d 146; Abbatepaolo v. Blumberg, 7 A.D.2d 847, 182 N.Y.S.2d 83; and Pride v. Perras, 6 A.D.2d 842, 176 N.Y.S.2d 573. In the latter case, the court said (6 A.D.2d 842, 176 N.Y.S.2d '* *......
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...trying to determine the extent of injuries attributable to each, and the compensation thereof. In the case of Abbatepaolo v. Blumberg and others, 7 A.D.2d 847, 182 N.Y.S.2d 83, the Appellate Division reversed an order of the trial court consolidating for trial two causes of action by the sa......
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...order must be reversed and the motion denied as a matter of law (cf. Pride v. Perras, 6 A.D.2d 842, 176 N.Y.S. 573; Abbatepaolo v. Blumberg, 7 A.D.2d 847, 182 N.Y.S.2d 83). UGHETTA, Acting P. J., and CHRIST, BRENNAN and HILL, JJ., concur. HOPKINS, J., dissents and votes to affirm the order,......
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...and separate trials will enable the juries to focus on the factual issues presented as to each accident (CPLR 602; Abbatepaolo v. Blumberg, 7 A.D.2d 847, 182 N.Y.S.2d 83; Pride v. Perras, 6 A.D.2d 842, 176 N.Y.S.2d 573; cf. Doll v. Castiglione, 86 A.D.2d 711, 446 N.Y.S.2d ...