F & K SUPPLY, INC. v. JOHNSON


197 A.D.2d 814 (1993)

602 N.Y.S.2d 970

F & K Supply, Inc., Doing Business as Fowler & Keith Supply Company, Appellant, v. Gary Johnson, Respondent

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

October 28, 1993


Mahoney, J.

The sole issue in this case is whether Supreme Court abused its discretion in denying plaintiff's motion to consolidate its pending Supreme Court action against defendant for breach of the noncompetition provisions contained in the parties' employment contract with a small claims action commenced by defendant to recover from plaintiff the $751.74 balance allegedly due for his last week's salary. The court concluded not only that no common...

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