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HALPERN v. RODWAY

3 A.D.2d 941 (1957)

Joseph Halpern, Respondent, v. Robert E. Rodway et al., Copartners Doing Business under the Name of Rockland Pipe and Trench Company, Appellants Robert E. Rodway et al., Copartners Doing Business under the Name of Rockland Pipe and Trench Company, Appellants, v. Joseph Halpern, Respondent

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

May 27, 1957

Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

There was no abuse of discretion by Special Term in denying the cross motion, in view of the fact that the trial of the Queens County action is imminent, while considerable time must elapse before the Rockland County action could be reached for trial. Under the circumstances, consolidation would prejudice a substantial right of the respondent as plaintiff in the Queens County action (cf....

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