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LOBLAW, INC. v. WYLIE

50 A.D.2d 4 (1975)

Loblaw, Inc., Appellant, v. David A. Wylie et al., Respondents

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

December 5, 1975

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (William H. Gardner of counsel), for appellant.

Mattar, Mattar, D'Agostino & Keefe (Thomas D'Agostino of counsel), for respondents.

CARDAMONE, J. P., SIMONS and WITMER, JJ., concur.

MAHONEY, J.

In June, 1970 plaintiff commenced an action against Irving Levick, and against Seneca Inland Warehouses, Inc. and Seneca Warehouse & Industrial Center, Inc., corporations allegedly controlled by him, seeking recovery on various claims in the total amount of approximately $203,500, hereinafter called Action No. 1. While Action No. 1 was pending, plaintiff in December, 1971 commenced the instant action...

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