Jenks v. Burns , 231 A.D. 864 ( 1930 )

Order granting consolidation of actions and denying motion to refer the issues in the consolidated actions affirmed, without costs. We do not hold that plaintiff in action No. 2 may not have a trial by jury of the issue therein involved even though his complaint by the consolidation order is now presented in the form of a counterclaim. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.