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Equitable Life Assurance Society of United States v. Stein

282 A.D. 872 Court N.Y. App. Div. Decision date 1953-10-27 English

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p. 872
Equitable Life Assurance Society of the United States, Respondent, v. Harry C. Stein, Appellant. Harry C. Stein, Appellant, v. Equitable Life Assurance Society of the United States, Respondent.

As the action in the Municipal Court was the first action started and is on contract, the consolidated action should be placed on the G-eneral Jury Calendar and the plaintiff in the Municipal Court action should be given the right to open and close. Order unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ.