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DASHEFF v. TENNIS CLUB, WESTHAMPTON

25 Misc.2d 13 (1959)

William Dasheff, Plaintiff, v. Bath & Tennis Club of Westhampton, Inc., et al., Defendants. Alice L. Miles, Plaintiff, v. First Westhampton Corp., et al., Defendants.

Supreme Court, Special Term, New York County.

December 14, 1959.

Attorney(s) appearing for the Case

Emile Z. Berman, A. Harold Frost and Joseph Gallo for William Dasheff, plaintiff, in Action No. 1. Vivian Flamhaft for Alice L. Miles, plaintiff, in Action No. 2. Allan D. Emil for Bath & Tennis Club of Westhampton, Inc., defendant, in Action No. 1. John J. O'Connor for Bath & Tennis Club of Westhampton, Inc., defendant, in Action No. 2. Flood & De Caro (Mark A. Lombardi of counsel), for Winkler-Prins, defendant, in Actions Nos. 1 and 2. William O'Connor for William Dasheff, defendant, in Action No. 2.

MATTHEW M. LEVY, J.

These two suits are pending in this court, and there is before me for determination a motion by Anthony Winkler-Prins, a defendant in both actions, for an order consolidating Action No. 2 with Action No. 1. The sole opposition presented is that by one Dasheff, as the plaintiff in Action No. 1. The facts, as they appear from the pleadings, are:

Dasheff, a guest of the Bath & Tennis...

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