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DAVID VOGEL, INC. v. SPRAKER

12 A.D.2d 744 (1961)

David Vogel, Inc., Respondent, v. John S. Spraker et al., Appellants Arthur E. Fuss et al., Plaintiffs, v. Dorothy S. Francke, as Executrix of John S. Spraker, Deceased, et al., Appellants, and David Vogel et al., Respondents, et al., Defendants

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

January 17, 1961

Order entered December 1, 1960, denying motion for consolidation, unanimously modified in the exercise of discretion so as to direct a joint trial of the actions pursuant to section 96-a of the Civil Practice Act; and as so modified, the order is affirmed, without costs.

Both actions involve the matter of brokers' commissions concerning the sale of Pier 13, North River, to the City of New York and the actions have common issues upon which the same witnesses will testify...

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