ZACKS v. POLLACK


34 Misc.2d 186 (1962)

Ada Zacks et al., Plaintiffs, v. Murray Pollack, Defendant.

Supreme Court, Special Term, Kings County.

April 4, 1962


Attorney(s) appearing for the Case

Liebowitz, Deixel & Brodsky for plaintiff. David L. Pell for Murray Pollack, plaintiff in the action in the Municipal Court. E. Edan Spencer for defendant.


WALTER R. HART, J.

Plaintiff in this malpractice action seeks to consolidate with it an action pending in the Municipal Court wherein defendant seeks to recover for the professional services which it is claimed here were negligently performed.

Pursuant to section 96 of the Civil Practice Act actions may be consolidated when it can be done without prejudice to a substantial right. Defendant here has failed to substantiate any claim of prejudice...

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