Opinion
February 14, 1950.
A summary proceeding, two equitable actions, and one action at law were consolidated by an order which recited that it was "without prejudice to any of the parties to a trial by jury of such issues only to which they may have a statutory or constitutional right." ( Foreman v. De Costa, 276 App. Div. 849 [2d Dept., Dec. 12, 1949].) The tenant and an undertenant moved to have the issues in the summary proceeding and the action at law tried before a jury prior to the trial of the issues in the equitable actions. The landlords appeal from the order granting the motions. Order affirmed, with one bill of $10 costs and disbursements. No opinion. Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.