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JOSEPH CALVARUSO v. OUR LADY PEACE ROMAN CATHOLIC CHURCH ET AL. (05/19/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


May 19, 1969

JOSEPH CALVARUSO, AN INFANT, BY GLORIA CALVARUSO, HIS NATURAL GUARDIAN, ET AL., RESPONDENTS,
v.
OUR LADY OF PEACE ROMAN CATHOLIC CHURCH ET AL., DEFENDANTS. (ACTION NO. 1.); JOSEPH CALVARUSO, AN INFANT, BY GLORIA CALVARUSO, HIS NATURAL GUARDIAN, ET AL., RESPONDENTS, V. ST. CHARLES HOSPITAL, APPELLANT, ET AL., DEFENDANT. (ACTION NO. 2.)

Appeal from an order of the Supreme Court, Kings County, dated October 4, 1968, which granted plaintiffs' motion to consolidate the two actions and for other incidental relief.

Beldock, P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion, the advantages resulting from the consolidation outweigh the arguments against consolidation (cf. Weiss v. City of New York, 27 A.D.2d 709). Under the circumstances disclosed, the liability, if any, and extent of damage caused by each of the defendants, should be resolved by the same trier of the facts.

Disposition

Order affirmed, with $20 costs and disbursements.

19690519

© 1998 VersusLaw Inc.



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