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CLEVELAND-SCOTT v. HILLSIDE HOUSE MANAGEMENT CORPORATION, LLC

19 Misc.3d 685 (2008)

853 N.Y.S.2d 251

MICHELLE CLEVELAND-SCOTT, Plaintiff, v. HILLSIDE HOUSE MANAGEMENT CORPORATION, LLC, Defendant. (Action No. 1.) MICHELLE CLEVELAND-SCOTT, Plaintiff, v. GREEN BUS LINES, INC., et al., Defendants. (Action No. 2.)

Supreme Court, Queens County.

March 6, 2008.

Attorney(s) appearing for the Case

Shaevitz & Shaevitz, Jamaica (Dmitri Kotzamanis of counsel), for plaintiff.

Russo, Keane & Toner, LLP, New York City (Alan Russo of counsel), for Hillside House Management Corporation, LLC, defendant.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Marc R. Tortora of counsel), for Green Bus Lines, Inc., defendant.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The principal legal issue in this motion, one of first impression by an American court, is whether a party can be relieved of a stipulation joining two separate actions for trial that was not "so ordered" by a court, as apparently mandated by state law. In their responses to the court for invited briefing of specific legal questions, all counsel concede that their research has not disclosed a case in New York or...

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