Appellate Division of the Supreme Court of New York, 1943

Schroeder v. Ziring

Schroeder v. Ziring
Appellate Division of the Supreme Court of New York · Decided February 1, 1943
265 A.D. 1058; 39 N.Y.S.2d 458; 1943 N.Y. App. Div. LEXIS 6901
Schroeder v. Ziring

Opinion of the Court

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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