Opinion
September 21, 1961
Appeal from the Erie Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party. Memorandum: In the exercise of sound discretion the Special Term Justice should have directed that the cases, which are to be tried together, be given a preference in Supreme Court.