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BLUM v. ARNSTEIN

284 A.D. 682 (1954)

W. Robert Blum, Respondent, v. Daniel G. Arnstein, Appellant Daniel G. Arnstein, Appellant-Respondent, v. Glens Falls Insurance Company, Respondent, and Hartford Fire Insurance Co., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1954.

Attorney(s) appearing for the Case

Simon J. Hauser of counsel (H. H. Nordlinger and Jacob I. Charney with him on the brief; Nordlinger, Riegelman, Benetar & Charney, attorneys), for appellant-respondent.

Benjamin M. Haber of counsel (Henry H. Abrams with him on the brief; Macpeak, Abrams & Bleich, attorneys), for W. Robert Blum, respondent.

David L. Maloof of counsel (Hill, Rivkins, Middleton, Louis & Warburton, attorneys), for Glens Falls Insurance Company, respondent.

Herman B. Zipser for respondent-appellant.

COHN, J. P., CALLAHAN, BREITEL, BASTOW and BOTEIN, JJ., concur.

Per Curiam.

Special Term has ordered that two cases be tried together without consolidation, but on condition that all parties are ready for trial when the action of Blum v. Arnstein is reached. We fail to see the propriety of the latter condition, if consolidation or joinder was warranted on the facts. But beyond this, recognizing the desirability of consolidation when practical, we think that the divergence...

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