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GOULDSBURY v. DAN'S SUPREME SUPERMARKET, INC.

138 A.D.2d 675 (1988)

John Gouldsbury et al., Plaintiffs, v. Dan's Supreme Supermarket, Inc., Appellant. (Action No. 1.) John Gouldsbury et al., Plaintiffs, v. Lipsig, Sullivan & Liapakis, Respondent. (Action No. 2.)

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

March 28, 1988

Ordered that the order is affirmed, with costs.

While there are some common issues of law and fact shared by these two actions, under all of the circumstances, including the disparity between the stages of litigation to which each case has progressed and the fact that principal claims in the two actions are based upon widely disparate legal theories, we conclude that it was not an abuse of discretion to deny the motion...

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