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ALEXATOS v. RAK

57 A.D.2d 1004 (1977)

Jimmy Alexatos, Respondent, v. Jacob Rak, Appellant, and Stewart Gross et al., Respondents. (Action No. 1.) Stephen Gross, Respondent, v. Jacob Rak, Appellant, and Steven Pfefer, Respondent. (Action No. 2.) Jane Bloom, an Infant by Sylvia Bloom, Her Mother and Natural Guardian, Respondent, v. Jacob Rak, Appellant, and Stewart Gross et al., Respondents. (Action No. 3.)

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

May 12, 1977

The motion for removal and joinder was made by the defendant Rak in all three actions. Special Term noted that Action Nos. 1 and 2 had been commenced a year before Action No. 3, and that they were on the Trial Calendar and ready for immediate trial, whereas in Action No. 3 pretrial proceedings had not been noticed; that the plaintiffs in all three actions opposed the motion because of the prejudice to them which would result from removal and joinder. Special Term also noted...

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