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31 Misc. 2d 725

McCahn v. Orms

New York Supreme Court

Decided October 9, 1961

New York Supreme Court · decided 1961-10-09

Decided 1961-10-09

. Mario Pittoni, J.

¶1Motion by defendants in Action No. 2, to

¶2remove Action No. 2 from the City Court of New York County to the Supreme Court of Nassau County and for consolidation with Action No. 1 now pending in this court, is denied.

¶3Action No. 2 has been noticed for trial, all preliminary pretrial proceedings are complete, a pretrial was held in June and the action may be reached for trial before the end of this year. Action No. 1 is not even on the calendar and there is no indication of how much of the pretrial preliminaries has been conducted. In addition, the calendar of this court is approximately six years behind. Consolidation of these two cases would cause a prolonged delay of the trial of Action No. 2 and that would be prejudicial to the plaintiff in that action. (Wheeler v. Meadowbrook Transp. Corp., 3 A D 2d 763 [2d Dept.]; Halpern v. Rodway, 3 A D 2d 941 [2d Dept.]; Miro v. Gottheim, 285 App. Div. 834 [2d Dept.].)

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