Opinion
November 6, 1961
In an action in the Supreme Court, Nassau County, against a Queens County resident, to determine his liability over to the plaintiffs in the event that they (the plaintiffs' in the Supreme Court action) shall be held responsible to the plaintiff in a Nassau County District Court action in which the plaintiffs in the Supreme Court action are the defendants, said plaintiffs appeal from an order of the Supreme Court, Nassau County, dated and entered February 28, 1961, which: (a) denied their motion to remove the District Court action to the Supreme Court and to consolidate it with the Supreme Court action; and (b) granted defendant's cross motion for summary judgment without prejudice to a subsequent action by plaintiffs against defendant for similar relief in the event of the success of the plaintiff in the District Court action. Order affirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.