123 Lafayette Avenue Corp. v. Lipstein

Motion by defendants Lipstein and Millstein to consolidate an action for brokerage commissions pending in the City Court, New York County, with an action for rescission commenced in this court. It is apparent from pleadings before the court that both actions emanate from the same circumstances, and that the issues in these actions are substantially the same. Under such circumstances consolidation should be ordered if it can be done without prejudice to substantial right (Civ. Prac. Act, § 96). The only opposition to the motion is put forth by the plaintiffs in the City Court action, who urge…