SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
May 22, 1969
ROBERT A. ORANGE, PLAINTIFF,
SWIFTWAYS SUPERMARKETS, INC., APPELLANT, AND PHILIP FITZEL ET AL., RESPONDENTS. (ACTION NO. 1.); SWIFTWAYS SUPERMARKETS, INC., APPELLANT, V. EDDY PROVISIONS CO., INC., ET AL., RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 2.)
Concur -- McGivern, J. P., Markewich, McNally and Bastow, JJ.
Order entered on or about January 8, 1969, denying motion for a joint trial, unanimously affirmed, with $30 costs and disbursements to respondents, without prejudice to an application for consecutive trials before the same Trial Justice. Action No. 2 is for a declaratory judgment relating to insurance coverage in respect to the occurrence underlying Action No. 1. A joint trial could possibly prejudice defendants in Action No. 1, which is triable before a jury.
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