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ANN M. DI LILLO v. HARRIET STAMATIS ET AL. (05/12/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


May 12, 1969

ANN M. DI LILLO, AN INFANT, BY NICHOLAS DI LILLO, HER NATURAL GUARDIAN, ET AL., RESPONDENTS,
v.
HARRIET STAMATIS ET AL., APPELLANTS. (ACTION NO. 1.); GERRY MASTROIANNI, AS ADMINISTRATOR OF THE ESTATE OF PHILOMENA MASTROIANNI, DECEASED, ET AL., RESPONDENTS, V. HARRIET STAMATIS ET AL., APPELLANTS. (ACTION NO. 2.); NICHOLAS STAMATIS, RESPONDENT, V. NICHOLAS DI LILLO, RESPONDENT. (ACTION NO. 3.)

Brennan, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

Order of the Supreme Court, Nassau County, dated October 3, 1968, modified, on the law and the facts, by deleting the condition therein and by adding a direction that all three actions, as consolidated, are to be placed on the October 1969 Term Calendar, with all pretrial procedures to be completed by September 1, 1969. As so modified, order affirmed, with one bill of $10 costs and disbursements to appellants against plaintiffs appearing separately in Actions 1 and 2. These three actions arose out of a two-car automobile accident. All of them should be tried together, to avoid duplicating trials and unnecessary expense to both the parties and the court.

19690512

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