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MATTER OF D&F MASON CONTRACTORS SUPPLY, INC. v. PARR GENERAL CONTRACTING CO., INC.

270 A.D.2d 487 (2000)

705 N.Y.S.2d 276

In the Matter of D&F MASON CONTRACTORS SUPPLY, INC., Respondent, v. PARR GENERAL CONTRACTING CO., INC., Respondent and Third-Party Petitioner-Appellant. D&F MASON CONTRACTORS SUPPLY, INC., et al., Third-Party Respondents.

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

Decided March 27, 2000.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Under the circumstances of this case, the application for consolidation of the arbitration proceedings was properly denied (see, Matter of Salvano v Merrill Lynch, Pierce, Fenner & Smith, 85 N.Y.2d 173; Steuerman v Broughton, 123 A.D.2d 681; cf., County of Sullivan v Nezelek,

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