AUTEX, INC. v. RUBIO


114 A.D.2d 827 (1985)

Autex, Inc., Respondent, v. Richard Rubio et al., Appellants

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

November 4, 1985


Order reversed, insofar as appealed from, with costs, and, upon reargument, plaintiff's motion directing discovery in the instant action denied.

Defendants have been subjected to two separate actions by plaintiff Autex, Inc. by reason of the existence of an independent lawsuit which is also pending as to who has the right to initiate an action on behalf of Autex. Defendants should not be subjected to two separate and independent discovery proceedings simply because...

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