Opinion
December, 1930.
Order denying motion to consolidate actions reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The issues being the same in the two actions, and it appearing that respondent will not suffer the loss of any substantial right, consolidation should be granted. ( Lee v. Schmeltzer, 229 App. Div. 206.) Lazansky, P.J., Kapper, Hagarty, Scudder and Tompkins, JJ., concur.