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RUDOLPH v. BOWLING CORP.

67 Misc.2d 463 (1971)

Benjamin Rudolph et al., Copartners Doing Business under the Name of Federated Associates, Plaintiffs, v. Bowling Corp. of Plainview et al., Defendants. (Action No. 1) Bowling Corp. of Plainview, Plaintiff, v. Crossroads at Plainview, Inc., Defendant. (Action No. 2.)

Supreme Court, Special Term, Nassau County.

August 6, 1971

Attorney(s) appearing for the Case

Javits Trubin Sillcocks & Edelman for defendant in Action No. 2. D'Amico & Albin for plaintiffs in Action No. 1. Joseph W. Campanella for defendants in Action No. 1 and for plaintiff in Action No. 2.

JOSEPH LIFF, J.

This motion by defendant in action No. 2 for an order to compel plaintiffs in action No. 1 to answer interrogatories is denied.

We are aware that while issue in action No. 1 was joined in October, 1969, action No. 2 was not begun until December of 1970 and issue there joined in March, 1971. A joint trial of the actions has been directed which would indicate that there are issues of law and fact common to both. There were two orders...

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