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McDERMOTT v. FLORIO

155 A.D.2d 417 (1989)

Frank McDermott, Appellant, v. Peter Florio, Respondent, et al., Defendants

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

November 6, 1989

Ordered, that the order is reversed, on the law, with costs, the motion is granted, and the summary proceeding now pending in the City Court of the City of Yonkers entitled Florio v McDermott is removed to the Supreme Court, Westchester County, and consolidated with the present action.

The plaintiff demonstrated that the two pending suits involve "common question[s] of law or fact" (CPLR 602 [a]) so that the removal...

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