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GEN. CRUSHED STONE v. CENT. CONTR.

25 Misc.2d 572 (1960)

General Crushed Stone Co., Plaintiff, v. Central New York Contracting Co., Inc., Defendant.

Supreme Court, Special Term, Onondaga County.

June 22, 1960.

Attorney(s) appearing for the Case

Hoffmann & Hartnett (Robert W. Hartnett of counsel), for defendant. Hancock, Dorr, Ryan & Shove (Edward J. Pfohl of counsel), for plaintiff.

HENRY A. HUDSON, J.

The defendant has moved to consolidate the plaintiff's action in Municipal Court against it with the action which the plaintiff has brought against it in Supreme Court pursuant to the provisions of sections 96 and 97 of the Civil Practice Act.

The plaintiff instituted its action in Supreme Court, April 12, 1960, its summons being dated April 11, 1960. The summons contained a notice that a default judgment would be taken in...

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