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Lincoln Metal Products Corp. v. Jansa Woodworking Corp.

277 A.D.2d 952 Court N.Y. App. Div. Decision date 1950-09-25 English

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p. 952
Lincoln Metal Products Corporation, Appellant, v. Jansa Woodworking Corp., Respondent. Jansa Woodworking Corp., Respondent, v. Lincoln Metal Products Corporation, Appellant.

Order denying motion to consolidate actions reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. The incidental Municipal Court action should be tried with the Supreme Court action, involving a claim and counterclaim between the same parties arising out of the same contracts, trial of which may be preferred. (Kings County Supreme Court Rules, rule 7.) Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.