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SANTE FE MFG. CORP. v. JAKES

43 A.D.2d 827 (1974)

Sante Fe Manufacturing Corp. et al., Respondents, v. Walter Jakes, Appellant. (Action No. 1.) Walter Jakes, Appellant, v. Sante Fe Manufacturing Corp. et al., Respondents. (Action No. 2.)

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

January 28, 1974

The Westchester County action was instituted in October, 1969. After, prolonged attempts to delay the prosecution of that action the defendants therein instituted the Bronx County action in February, 1973 and simultaneously with the filing of a complaint therein made the motion which is the subject of this appeal. The Bronx County action was instituted only after plaintiff in the Westchester County action had completed his pretrial...

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