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SHERMAN SUPPLY CORP. v. BONDED HEAT & POWER CORP.

20 Misc.2d 652 (1959)

Simplex Plumbing Supply Co., Inc., et al., Plaintiffs v. Bonded Heat & Power Corporation et al., Defendants. (Action No. 1.) Edward Sherman Supply Corporation, Plaintiff, v. Bonded Heat & Power Corporation et al., Defendants. (Action No. 2.) Joseph A. Hendel, Inc., Plaintiff, v. Bonded Heat & Power Corporation et al., Defendants. (Action No. 3.) Manufacturers Trust Company, Plaintiff, v. Bonded Heat & Power Corporation et al., Defendants. (Action No. 4.)

Supreme Court, Special Term, Queens County.

October 21, 1959.

Attorney(s) appearing for the Case

John C. Ferlaino for James Cona, defendant.

Louis Schlesinger for plaintiffs in Action No. 1.

Morris Okoshken for plaintiff in Action No. 2.

Jacob B. Gersten for plaintiff in Action No. 3.

Simpson, Thacher & Bartlett for plaintiff in Action No. 4.

NICHOLAS M. PETTE, J.

Motion by defendant Cona to consolidate Actions Nos. 1, 3 and 4 with Action No. 2, all of which are pending in this court.

Sole opposition to consolidation of these equity actions comes from plaintiff in Action No. 2, which was first commenced, which is the only case noticed for trial and which, indeed, is and has been since October 13, 1959, on the Ready Calendar of Special Term...

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