Schroeder v. Ziring

265 A.D. 1058, 39 N.Y.S.2d 458, 1943 N.Y. App. Div. LEXIS 6901
Appellate Division of the Supreme Court of the State of New York·Decided February 1, 1943·Published·Cited by 2 cases

Opinion

The present action, as disclosed by the pleadings, concerns many elements similar to those asserted under the counterclaim in the first action. There is not identity, however. In addition, the present action concerns the rights of additional parties. (Westminster Church v. Presbytery of N. Y., 211 N. Y. 214.) Upon proper application the causes might well be consolidated. Carswell, Johnston, Adel, Taylor and Lewis, JJ., concur.

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Schroeder v. Ziring, 265 A.D. 1058, 39 N.Y.S.2d 458, 1943 N.Y. App. Div. LEXIS 6901 (N.Y. Ct. App. 1943).

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