Opinion
April 12, 1943.
Order denying plaintiffs' application to move the above-entitled Municipal Court action, No. 2, to the Supreme Court, and consolidate it with action No. 1, now pending in the Supreme Court, or, in the alternative, to stay the Municipal Court action until after the hearing and determination of the Supreme Court action, reversed on the law and the facts, without costs, and the motion granted, without costs, to the extent of moving the Municipal Court action to the Supreme Court and consolidating it with the action there pending. We are of opinion that by reason of consolidation the plaintiff in the Municipal Court action will suffer no substantial prejudice and that the motion to consolidate should have been granted in the interest of justice. Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.