Legal Opinion

Datz v. Economy Cotton Goods Stores, Inc.

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

Decided July 22, 1933Published

1Per curiam

We are of opinion that the order was correctly made. Section 818 of the Code of Civil Procedure was re-enacted in section 97 of the Civil Practice Act, and is as follows: “ Where one of the actions is pending in the Supreme Court and another is pending in another court, the Supreme Court, by order, may remove to itself the action in the other court and consolidate it with that in the Supreme Court.”

Section 1572 of the Civil Practice Act provides: “ A provision of this act which is a substantial re-enactment of a provision of the Code of Civil Procedure which, by the terms of such Code, was…

2Cases cited5 opinions

  1. Curley v. F. & M. Schaefer Brewing Co.City of New York Municipal Court · 1901
  2. Sire v. KneuperNew York Court of Common Pleas · 1888
  3. Carter v. SullyThe Superior Court of the City of New York and Buffalo · 1892
  4. Sternberg v. Bergman, New York County Courts1931
  5. Greene v. Beacorn, New York County Courts1932

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