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MAGEE v. HUTCHER

174 A.D.2d 941 (1991)

Robert V. Magee Jr., Also Known as Robb Magee, et al., Respondents, v. Larry Hutcher et al., Appellants. (And Another Related Action.)

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

June 20, 1991

Although defendants do not oppose consolidation of this matter, they do contend that because they commenced their action first in New York County, Supreme Court erred in fixing the place of trial in Putnam County where the second action was commenced. However, while it is generally true that, in the absence of special circumstances, venue of a consolidated action should be where the first action was instituted (see, Strasser v Neuringer, 137...

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