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RIST v. COMI

260 A.D.2d 890 (1999)

688 N.Y.S.2d 806

HAROLD E. RIST et al., Respondents, v. RICHARD COMI, Appellant, et al., Defendants. (Action No. 1.) RICHARD COMI, Appellant, v. BRESLIN & BRESLIN, a Partnership, et al., Defendants and Third-Party Plaintiffs-Respondents. HAROLD E. RIST et al., Third-Party Defendants-Respondents. (Action No. 2.) (And Another Related Action.)

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

Decided April 22, 1999.

Mikoll, J. P.

The principal question presented is whether Supreme Court abused its discretion in ordering consolidation of action Nos. 1 and 2. In brief, the relevant facts are as follows.* In September 1993, Richard Comi contracted with Harold Rist and Ruth Rist to purchase their controlling stock in Glens Falls Communication Corporation (hereinafter GFCC). Comi subsequently defaulted in payments...

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