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CITY OF SALAMANCA v. ROCELL CONSTR.

24 Misc.2d 547 (1960)

City of Salamanca, Plaintiff, v. Rocell Construction Co., Inc., Defendant. (Action No. 1.) Rocell Construction Company, Inc., Plaintiff, v. City of Salamanca, Water and Light Commission, Defendant. (Action No. 2.)

Supreme Court, Cattaraugus County.

June 29, 1960.

Attorney(s) appearing for the Case

John G. Krieger for City of Salamanca, defendant. De Cesare, Celli & Cerulli (Andrew G. Celli of counsel), for Rocell Construction Company, Inc.

MICHAEL CATALANO, J.

The city moves under section 96 of the Civil Practice Act to consolidate Action No. 2 with Action No. 1.

The moving affidavits show that during the years 1958 and 1959 the city agreed to furnish Rocell (referring to Rocell Construction Co., Inc., herein) with certain work, labor and services in performing the latter's contract with the State of New York's Department of Public Works...

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