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GLOBE CAPITAL CORP. v. EAST COAST CONSTR. CORP.

24 A.D.2d 725 (1965)

Globe Capital Corporation et al., Appellants, v. East Coast Construction Corp. et al., Respondents, et al., Defendants. (Action No. 1.) Globe Capital Corporation et al., Appellants, v. East Coast Construction Corp. et al., Respondents, et al., Defendants. (Action No. 2.)

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

September 29, 1965

Order, insofar as appealed from, reversed, without costs; plaintiffs' motion to discontinue the actions granted; and counterclaims severed.

During the pendency of these foreclosure actions, defendants, East Coast Construction Corp. and Mandelbaum, paid plaintiffs' claims in full. The counterclaim in each action is to recover damages for alleged overpayments. Under the circumstances, it is our opinion that the denial of plaintiffs' motion to discontinue the actions...

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