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COLLINS, INC. v. OLSKER-McLAIN IND.

22 A.D.2d 485 (1965)

George W. Collins, Inc., Respondent, v. Olsker-McLain Industries, Inc., Appellant, and A. E. Ottaviano, Inc., Respondent. (And 63 Other Actions.)

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

February 26, 1965.

Attorney(s) appearing for the Case

Weaver, Maghran & McCarthy (Irving C. Maghran, Jr., of counsel) and Raichle, Moore, Banning & Weiss (Arnold Weiss of counsel), for appellant.

Ohlin, Damon, Morey, Sawyer & Moot for A. E. Ottaviano, Inc., respondent.

Fudeman, Renaldo, McCarville & Frizzell (Irving Fudeman of counsel), for George W. Collins, Inc., respondent.

Hodgson, Russ, Andrews, Wood & Goodyear (Irving Fudeman of counsel), for H. Donald Canazzi and others, respondents.

Cohen, Swados, Wright, Hanifin & Bradford (Irving Fudeman of counsel), for Harry Gluckman, respondent.

Magavern, Magavern, Lowe & Beilewech (Irving Fudeman of counsel), for Herbert M. Siegel, respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, HENRY and DEL VECCHIO, JJ., concur.

Per Curiam.

The order appealed from directs the consolidation and joint trial of 64 cases now pending in the Supreme Court of Erie County. We do not necessarily disagree with the result, but we definitely disagree with the procedures which were employed in an effort to obtain this result.

Sometime prior to November 14, 1963 the defendant Ottaviano moved, at a Special Term for Motions in Erie County, for an...

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