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  5. 24 A.D.2d 637 (1965)
 

POLY CONSTR. CORP. v. OXFORD HALL CONTRACTING CORP.

24 A.D.2d 637 (1965)

Poly Construction Corp., Respondent, v. Oxford Hall Contracting Corp. et al., Appellants. (Action No. 1.) Oxford Hall Contracting Corp. et al., Appellants, v. Poly Construction Corp., Respondent. (Action No. 2.)

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

July 19, 1965

Order affirmed, with $10 costs and disbursements.

Action No. 1 had been commenced in Queens County prior to the commencement of Action No. 2 in Kings County. The parties are identical in both actions, except that their respective positions are reversed. In our opinion, under the circumstances here, the Special Term properly exercised its discretion. The calendar condition of both counties is almost similar. Concededly the condition of the calendar is a factor to be...

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