Seeking recovery of $848 allegedly still due him under a construction contract between the parties, defendant commenced an action against plaintiff in Justice Court, Town of Elmira, Chemung County, on October 1, 1975. Shortly thereafter, on October 28, 1975, plaintiff commenced an action against defendant in Chemung County Court to recover $5,500 for defendant's alleged breach of the same contract. When plaintiff subsequently moved in County Court, on May 3, 1976, to have...
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