Opinion
October 2, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Order unanimously modified by making the Michael Flynn Mfg. Co. plaintiff in the consolidated action and by granting it the right to open and close and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The Michael Flynn Mfg. Co. took the first step by instituting a Municipal Court action after Hartown Realty Corporation had neglected requests for payment of the balance alleged to be due. Under the circumstances the party plaintiff in the consolidated action should be Michael Flynn Mfg. Co. Settle order on notice.