CUSHING v. CUSHING


85 A.D.2d 809 (1981)

Jane Cushing, Appellant, v. George A. Cushing, Respondent. (Action No. 1.) Jane Cushing, Appellant, v. George A. Cushing, Respondent. (Action No. 2.)

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

December 17, 1981


Plaintiff commenced Action No. 1 in January, 1981, seeking a rescission of a separation agreement entered into between plaintiff and defendant. On the same day, plaintiff commenced Action No. 2 against the same defendant seeking damages for defendant's alleged breach of the separation agreement. This alleged breach was also alleged in Action No. 1. A motion was made by defendant to, inter alia, consolidate the two actions and to dismiss the complaints in both actions...

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