WILLIAMS v. MASCITTI


71 A.D.2d 813 (1979)

Mitchell T. Williams et al., Plaintiffs, v. Joseph R. Mascitti, Defendant. (Action No. 1.) Theron Robinson et al., Doing Business as Robinson, Williams & Angeloff, Respondents, v. Joseph R. Mascitti et al., Appellants. (Action No. 2.)

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

July 13, 1979


Orders unanimously reversed, without costs, and motion granted.

Memorandum:

It was an improvident exercise of discretion for Special Term to deny a joint trial or to condition its approval thereof upon stipulation that defendants waive a jury. The pleadings disclose a commonality of context from which both actions emanate. While a lengthy prejudicial delay resulting from joinder would require denial of the motion, plaintiffs have failed to show delay which...

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