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EAST ASIATIC CO. v. CORASH

34 A.D.2d 432 (1970)

East Asiatic Company, Inc., Respondent, v. J. H. Corash et al., Appellants East Asiatic Company, Inc., Respondent, v. Rapcor Realty, Inc., et al., Appellants

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

July 2, 1970.

Attorney(s) appearing for the Case

Joseph R. Shaughnessy of counsel (Cox, Treanor & Shaughnessy, attorneys), for appellants.

Robert R. MacDonnell of counsel (John Osnato, Jr., with him on the brief; Haight, Gardner, Poor & Havens, attorneys), for respondent.

STEVENS, P. J., and MARKEWICH, J., concur with STEUER, J.; McGIVERN, J., dissents in opinion.

STEUER, J.

Plaintiff originally sued three defendants: J. H. Corash, an individual (Corash), Rapcor Realty, Inc. (Rapcor) and the Trustees of Columbia University (Columbia). While this action was pending plaintiff started a second action based on the same transaction but alleging somewhat different facts and proceeding on different theories. This second action was against Rapcor and Columbia. Those defendants...

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