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MIRO v. GOTTHEIM

285 A.D. 834 (1955)

Edward Miro, Plaintiff, v. Bernard Gottheim, Defendant. (Action No. 1.) Bernard Gottheim, Appellant, v. Edward Miro, Respondent. (Action No. 2.)

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

January 24, 1955.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The City Court action is ready for trial. The Supreme Court action will not be reached for nearly four years. In the light of this fact and the diligent commencement of the City Court action, it was an improper exercise of discretion to grant the motion for consolidation. (Casanave v. Robbins, 262 App. Div. 873; Friedman v. Kleinman, 275 App. Div. 715; Lichtenstein...

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