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VEVERKA v. SPINELLA

60 Misc.2d 529 (1969)

William Veverka, Plaintiff, v. Charles Spinella, Doing Business as Capital Coin Shop, et al., Defendants. (Action No. 1.) William Veverka, Plaintiff, v. Charles Spinella, Doing Business as Capitol Coin Shop, et al., Defendants. Charles Spinella, Doing Business as Capital Coin and Stamp Company, Defendant and Third-Party Plaintiff; Roy L. Elliott, Doing Business as Ace Alarm Company, Third-Party Defendant. (Action No. 2.) Charles Spinella, Jr., Doing Business as Capital Coin and Stamp Co., Plaintiff, v. Roy L. Elliott, Doing Business as Ace Alarm Co., Defendant. (Action No. 3.)

Supreme Court, Special Term, Greene County.

June 6, 1969

Attorney(s) appearing for the Case

Oreste Vincent for William Veverka, plaintiff. Richard M. Meyers for Charles Spinella, defendant, plaintiff and third-party plaintiff. Bouck & Holloway for Home Insurance Company, defendant. Morris Marshall Cohn for Roy L. Elliott, defendant and third-party defendant.

JOHN H. PENNOCK, J.

The plaintiff makes this motion for an order directing that actions 1, 2 and 3 be consolidated and that actions 1 and 2 be removed from Greene County to Albany County, and a day certain be granted.

This motion is granted.

The defendant in actions 2 and 3 moves for summary judgment dismissing plaintiff's complaint pursuant to CPLR 3212. This motion is denied. The case of

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