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ANN M. REKEMEYER ET AL. v. EMPIRE MUTUAL INSURANCE CO. (10/23/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


October 23, 1969

ANN M. REKEMEYER ET AL., RESPONDENTS,
v.
EMPIRE MUTUAL INSURANCE CO., APPELLANT, AND WILLIAM ANDRUS ET AL., RESPONDENTS. (ACTION NO. 1.); EMPIRE MUTUAL INSURANCE CO., APPELLANT, V. ANN REKEMEYER ET AL., RESPONDENTS. (ACTION NO. 2.)

Appeal by the plaintiff in action No. 2 from an order of the Supreme Court, Albany County, which granted the motion of the plaintiffs in action No. 1 for a joint trial of the two actions in Albany County.

Reynolds, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

Author: Reynolds

Both actions are for a declaratory judgment to determine the validity of a cancellation of the addition of a vehicle used by Thomas D. Rekemeyer, a teenager, to the auto policy of Ann Marie Rekemeyer, his mother. We find advanced no cogent reason to disturb the discretion of Special Term in ordering a joint trial in Albany County (e.g., Kiamesha Concord v. Greenman, 29 A.D.2d 904). Barch v. Avco Corp. (30 A.D.2d 241) is neither apposite nor controlling in the instant case.

Disposition

Order affirmed, with costs.

19691023

© 1998 VersusLaw Inc.



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