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MATTER OF BIG W. CONSTR. CORP.

278 A.D. 977 (1951)

In the Matter of the Arbitration between Big W. Construction Corp., Appellant, and Samuel Horowitz et al., Copartners Doing Business as Horowitz & Rubin, Respondents

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

June 25, 1951.

Unless authority to consolidate is found in the statute, the power may not be exercised. (Mayor v. Coffin, 90 N.Y. 312; Miller v. Baillard, 124 App. Div. 555.) Section 96 of the Civil Practice Act provides for the consolidation of two or more actions with each other, and for the consolidation of two or more proceedings with each other, but there is no provision for the consolidation of an action with a special proceeding...

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