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Appellate Division of the Supreme Court of New York, 1965

Clark v. Lippes Bakery, Inc.

Clark v. Lippes Bakery, Inc.
Appellate Division of the Supreme Court of New York · Decided October 28, 1965
24 A.D.2d 837; 263 N.Y.S.2d 1021; 1965 N.Y. App. Div. LEXIS 3151
Clark v. Lippes Bakery, Inc.

Opinion of the Court

Order unanimously reversed, with costs, and motion granted. Memorandum: In the exercise of a proper discretion the motion should have been granted. (Cf. Great Northern Tel. Co. v. Yokohama Specie Bank, 297 N. Y. 135, 141; Potter v. Clark, 19 A D 2d 585.) (Appeal from an order of Erie Special Term denying motion to join the actions for trial without consolidation.) Present—• Williams, P. J., Bastow, Goldman, Henry and Del Yeeehio, JJ.

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