General Crushed Stone Co. v. Central New York Contracting Co.

The defendant has moved to consolidate the plaintiff’s action in Municipal Court against it with the action which the plaintiff has brought against it in Supreme Court pursuant to the provisions of sections 96 and 97 of the Civil Practice Act.

The plaintiff instituted its action in Supreme Court, April 12,1960, its summons being dated April 11,1960. The summons contained a notice that a default judgment would be taken in the sum of $20,963.85 in the event of the defendant’s default. On April 21, 1960, the plaintiff instituted an action in Municipal Court of the City of Syracuse to recover the…