Summary
In Warren Foundry Pipe Corp. v. Bd. Water Comrs. (146 Misc. 323) both actions were in this court, so there was no question of moving the case from another court. Plaintiff, in the New York County action, apparently sued at law.
Summary of this case from Simon v. WaltmanOpinion
September 29, 1932.
Conroy Hardy [ Reginald S. Hardy of counsel], for the appellant.
Hotchner, Drucker, Bleier Finn [ Edward W. Drucker of counsel], for the respondent.
The plaintiff in the New York action as a matter of orderly procedure should have pleaded by cross-answer his affirmative claim against the village of Ossining. The amount due him is directly in issue in the Westchester county suit. The actions will be consolidated because, not only can the issue between him and the village be settled, but such a judgment will determine finally the amount to be applied toward the liens and the deficiency against the surety company, if any. The motion is granted in all respects.