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KEARNS v. JOHNSON

238 A.D.2d 121 (1997)

655 N.Y.S.2d 498

Kathleen Kearns, Respondent, v. Walter F. Johnson, Respondent and Third-Party Plaintiff-Respondent. Louanne Robinson, Third-Party Defendant-Appellant; Cornell University Press, Third-Party Defendant-Respondent

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

April 1, 1997

The only apparent reason for plaintiff's commencement of her action in New York County was an intention on the part of her former counsel to consolidate this matter with another action arising out of the same incident that was then pending in that county. That action, i.e., Nachtigall v Johnson, was subsequently discontinued upon stipulation before the matters were ever consolidated.

Since the instant action has absolutely...

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