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HOBBS v. SAN FILIPPO

281 A.D. 929 (1953)

N. Alein Hobbs, Appellant, v. Augustin J. San Filippo et al., Defendants, and Ann T. Kelly et al., Respondents. (Action No. 1.) Frank L. McKeon, Respondent, v. James W. Kelly, Respondent, et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 1953.

Action No. 1 was commenced in New York County, where the plaintiff resides, on January 12, 1951. Action No. 2 was commenced in Sullivan County, where the plaintiff resides, on October 25, 1951. Upon motion of the defendant-respondent James Warren Kelly, unopposed except by the plaintiff in Action No. 1 an order was made at Special Term in Sullivan County consolidating the two actions, fixing the place of trial in Sullivan County, and granting the plaintiff in Action No. 1...

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