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Mendler v. Mendler

55 A.D.2d 515 Court N.Y. App. Div. Decision date 1976-12-02 English

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p. 515
Henry Mendler, Appellant, v Judith M. Mendler, Respondent. (Action No. 1.) Judith M. Mendler, Respondent, v Henry Mendler, Appellant. (Action No. 2.) Judith M. Mendler, Respondent, v Henry Mendler, Appellant. (Action No. 3.)

Order, Supreme Court, New York County, entered July 27, 1976, denying Henry Mendler’s motion for direction of a joint trial of Action No. 3 with Actions Nos. 1 and 2, unanimously affirmed, without costs and without disbursements. Judith M. Mendler has adequately shown that joinder would prejudice her in that it would delay disposition of

p. 516
Actions Nos. 1 and 2 while awaiting the extensive pretrial procedures that will be necessary in Action No. 3. Thus, apart from the reason stated by Special Term for its denial, a similar result is mandated. Concur—Murphy, J. P., Birns, Capozzoli, Lane and Lynch, JJ.