Legal Opinion

Philip Shlansky & Bro. v. Grossman

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 1948PublishedCited by 16 opinions

1Per curiam

The policy of the law is to consolidate actions where it can be done without prejudice to a substantial right (Civ. Prac. Act, § 96). A consolidation in an appropriate case “ is not only a saving in time, trouble, and expense to the parties and the state, but a preventive of the injustice which may result from divergent decisions in each separate case.” (Clark on Code Pleading [2d ed.], p. 493.) ■. Consolidation is particularly appropriate where, as here, both actions clearly arise out of the same series of transactions and the relief sought in one action would constitute an offset to that…

2Cases cited6 opinions

  1. Goldey v. BiermanAppellate Division of the Supreme Court of the State of New York · 1922
  2. Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
  3. Meyer, Connor & Co. v. United Founders Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Kotler v. KaplanAppellate Division of the Supreme Court of the State of New York · 1927
  5. Sidney Blumenthal & Co. v. OltarshAppellate Division of the Supreme Court of the State of New York · 1931

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bassett v. American Meter Co.Appellate Division of the Supreme Court of the State of New York · 1964
  2. Pigott v. FieldAppellate Division of the Supreme Court of the State of New York · 1960
  3. Kelly v. John Vogel, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
  4. White v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1954
  5. Geller v. TicktinNew York Supreme Court · 1957

11 more not listed; retrieve them via the Exa API.

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