Samuel Rubin v. Saul Grossman

In the absence of medical proof showing the causal relationship between the accident and the subsequent death of plaintiff's intestate, a motion to consolidate a personal injury action and a wrongful death action may not be granted (Augenbraun v. G & B Distributors, 17 A.D.2d 785; cf. McCarthy v. Downes, 17 A.D.2d 919). Plaintiff may renew the motion to consolidate upon submitting competent medical proof of such causal connection (cf. Augenbraun v.