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HATFIELD v. WYNNE

178 A.D.2d 462 (1991)

Robert C. Hatfield et al., Respondents, v. Myrtle Wynne et al., Respondents, and Edward C. Leipziger, Appellant. (Action No. 1.) New Island Investors, Plaintiff, v. Myrtle Wynne et al., Respondents, et al., Defendant. (Action No. 2.) Myrtle Wynne, Respondent, v. Edward C. Leipziger, Appellant, et al., Defendants. (Action No. 3.)

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

December 9, 1991

Ordered that the order is modified by deleting the provision denying that branch of the cross motion which was to consolidate Action No. 1 with Action No. 3 and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court, Queens County, erred in its sua sponte determination that the 1977 action to vacate the judgment...

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