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DOUGLAS v. HUGERICH

70 A.D.2d 756 (1979)

Mary C. Douglas et al., Respondents, v. John J. Hugerich et al., Defendants, and Denby's Inc., Appellant. (Action No. 1.) Scott A. Dake, Respondent, v. Carolyn G. Hugerich et al., Defendants, and Denby's Inc., Appellant. (Action No. 2.)

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

May 31, 1979

Following Special Term's denial of appellant's motion to dismiss the complaints as against it by an order which is presently before this court on another appeal, plaintiffs in Action No. 1 moved for an order pursuant to CPLR 3403 (subd [a], par 3) granting a trial preference. Returnable on the same day as plaintiffs' motion, appellant made a cross motion for a severance of all claims asserted against it pursuant to CPLR 603. By order entered in Schenectady County on January...

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