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ABBATEPAOLO v. BLUMBERG

7 A.D.2d 847 (1959)

Paul Abbatepaolo, Respondent, v. Hattie Blumberg et al., Defendants. (Action No. 1.) Paul Abbatepaolo et al., Respondents, v. Bernice P. Gramlich et al., Defendants, and Petroleum Heat and Power Company, Inc., et al., Appellants. (Action No. 2.)

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

January 5, 1959

Order reversed, with $10 costs and disbursements, and motion denied. The two actions did not grow out of the same set of facts and a joint trial, therefore, could not be ordered. (Civ. Prac. Act, § 96-a; Gamble v. Fraleigh, 1 Misc.2d 347, 348.)

If it be assumed that the motion could be considered as one for a consolidation under section 96 of the Civil Practice Act, such...

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