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Mulhern v. Mulhern

5 A.D.2d 762 Court N.Y. App. Div. Decision date 1958-01-21 English

Judges Concur — Botein, P. J., Valente, McNally, Stevens and Bergan, JJ.

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p. 762
Helen J. Mulhern, Respondent, v. John E. Mulhern, Appellant. (Action No. 1.) John E. Mulhern, Appellant, v. Helen J. Mulhern, Respondent. (Action No. 2.)

Order appealed from unanimously reversed and motion for a stay of Action No. 1 until the trial and determination of Action No. 2 granted. Should either party prevail upon his or her affirmative cause of action in Action No. 2, it would render unnecessary the further prosecution of Action No. 1 in the event the latter cause survives a motion to dismiss the complaint. Respondent may move to vacate the stay in the event the husband does not proceed expeditiously to the trial of Action No. 2.

Concur — Botein, P. J., Valente, McNally, Stevens and Bergan, JJ.