Jenks v. Burns

Order granting con*865solidation 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.