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GEN. CRUSHED STONE v. CENT. CONSTR.

31 Misc.2d 440 (1961)

General Crushed Stone Company, Plaintiff, v. Central New York Contracting Co., Inc., et al., Defendants. (Action No. 1.) Travelers Insurance Company, Plaintiff, v. Central New York Contracting Co., Inc., et al., Defendants. (Action No. 2.) Eastern Rock Products, Inc., Plaintiff, v. Central New York Contracting Co., Inc., et al., Defendants. (Action No. 3.) Allied Chemical Corporation, Plaintiff v. Central New York Contracting Co., Inc., et al., Defendants. (Action No. 4.)

Supreme Court, Special Term, Onondaga County.

July 27, 1961

Attorney(s) appearing for the Case

Schwartz, Weissberger & Leichter (Jay Kuehner of counsel), for plaintiff in Action No. 4. Smith & Sovik for Frank Barry and another, defendants.

HENRY A. HUDSON, J.

The defendants, Frank Barry and Marie Leanor Mitchell, in Action No. 4, have moved for summary judgment dismissing the plaintiff's complaint as to such defendants, pursuant to rule 113 of the Rules of Civil Practice. Action No. 4 was instituted in New York County on or about October 27, 1960. The defendants, Frank Barry and Marie Leanor Mitchell, answered the complaint. Thereafter and on January 4, 1961, these two defendants moved...

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