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HESSEN v. HESSEN

37 A.D.2d 778 (1971)

Jules J. L. Hessen, Appellant-Respondent, v. Penelope Hessen, Respondent-Appellant

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

September 27, 1971

Order modified by deleting therefrom so much thereof as denied plaintiff's cross motion and by providing, in lieu thereof, that said cross motion is granted. As so modified, order affirmed insofar as appealed from, without costs.

In our opinion, under the particular circumstances herein, it was an improvident exercise of discretion to deny the cross motion for consolidation. The issues being the same in the action and the...

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