STRUZER v. FOSCHETTI


18 Misc.2d 952 (1957)

Murray Struzer, Plaintiff, v. Josephine Foschetti et al., Defendants.

Supreme Court, Special Term, Kings County.

March 5, 1957.


Attorney(s) appearing for the Case

Max J. Merbaum for plaintiff.

Joseph F. O'Brien and John D. Kelly for defendants.


BENJAMIN BRENNER, J.

Plaintiff in action No. 1 seeks to sever that action, previously consolidated with action No. 2, and to transfer it to the City Court. The consolidated action was denied a preference under rule 9 of this court and given a non-preferred status on the court calendar. The attorneys for the plaintiffs in action No. 2 have refused to stipulate for the transfer of the consolidated action to the City Court. Defendants' objection to a severance...

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