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HEWLETT DEVELOPERS v. FRISINA

32 Misc.2d 911 (1962)

Hewlett Developers, Inc., Plaintiff, v. Warren Frisina et al., Defendants. In the Matter of Hewlett Developers, Inc., Petitioner, v. Warren Frisina et al., Respondents.

Supreme Court, Special Term, Nassau County.

January 11, 1962

Attorney(s) appearing for the Case

Goldstein & Maffucci for plaintiff-petitioner. Nathaniel S. Rudes for defendants-respondents.

MARIO PITTONI, J.

Motion for a joint trial of a special proceeding and an action is denied.

Section 96-a of the Civil Practice Act authorizes the joint trial of actions or the joint trial of special proceedings growing out of the same set of facts. Section 96 of the Civil Practice Act provides for the consolidation of actions or the consolidation of special proceedings. It has been held that where there is no statutory authority for the consolidation...

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