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DEE JAY HOLDING CORPORATION v. FLEMING, FLEMING

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 783 (N.Y. App. Div. 1927)

Opinion

May, 1927.


Order denying defendants' motion to consolidate actions reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Although the remedies sought by plaintiff are concurrent, and each action properly brought, the facts involved in the two cases are identical. Concededly, action No. 1 will be reached for trial at the June term in Queens county, at which time the entire controversy may be adjudicated, and substantial rights will not be prejudiced by consolidation. ( Levy v. Portugal, 217 App. Div. 776.) Kelly, P.J., Manning, Kapper, Lazansky and Hagarty, JJ., concur.


Summaries of

DEE JAY HOLDING CORPORATION v. FLEMING, FLEMING

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 783 (N.Y. App. Div. 1927)
Case details for

DEE JAY HOLDING CORPORATION v. FLEMING, FLEMING

Case Details

Full title:DEE JAY HOLDING CORPORATION, Respondent, v. PATRICK FLEMING and MATHILDA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1927

Citations

220 App. Div. 783 (N.Y. App. Div. 1927)