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BIEDERMAN v. YORKS

9 A.D.2d 764 (1959)

William Biederman et al., Respondents, v. Herman Yorks, Respondent. (Action No. 1.) Herman Yorks, Appellant, v. Edna Biederman, Respondent. (Action No. 2.)

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

November 2, 1959

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

Under the circumstances presented, consolidation of the two actions served to prejudice appellant's substantial right to an early trial as plaintiff in Action No. 2, since that action was scheduled for early trial, and a considerable delay was inevitable in Action No. 1, even if it were promptly moved for trial (Miro v. Gottheim, 285 App...

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