Opinion
June 10, 1958
Orders denying motions by plaintiff and impleaded defendant to strike out the separate defense and counterclaim interposed by defendant are unanimously affirmed, with $20 costs and disbursements to respondent. It is apparent from the pleadings in their present state that both cases have closely related questions of law and fact. Due to this interrelation, a joint trial will serve the interests of justice and will not prejudice any substantial rights of the parties. On the argument of the appeals, the parties indicated their acquiescence in a joint trial if the orders appealed from were affirmed. We need not wait until issue is completely joined in both cases to direct a joint trial where, as in the instant cases, we are certain there will be issues and their nature may easily be surmised. ( Lee v. Schmeltzer, 229 App. Div. 206, 209.) We, therefore, direct a joint trial of the actions pursuant to section 96-a of the Civil Practice Act. Settle order.
Concur — Rabin, J.P., M.M. Frank, Valente, McNally and Stevens, JJ.