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RHODE ISLAND HOSP. TRUST CO. v. CLAUDE NEON, INC.

203 Misc. 531 (1952)

Rhode Island Hospital Trust Company, as Trustee, Plaintiff, v. Claude Neon, Inc., Defendant. Stewart B. Hopps et al., Plaintiffs, v. Claude Neon, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 16, 1952.

Attorney(s) appearing for the Case

Isidor J. Kresel for plaintiffs.

Abraham Rotwein for defendant.

DI FALCO, J.

This is a motion for joint trial of actions pursuant to section 96-a of the Civil Practice Act. While it appears that one action is a suit to recover on promissory notes and the other is for the return of shares of stock, there is a fraud counterclaim in each which is identical against the principal and agent as tort-feasors. A joint trial I am convinced will avoid a duplication of work of counsel and the court. The substantial identity of...

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