Hornstein v. Perry

The equitable counterclaims "in the actions upon the notes are entitled to be tried on the equity side of the court (Golran Realty Corp. v. Butler Grocery Co., 230 App. Div. 661), as is the action for the dissolution of the alleged partnership. An action in equity may be consolidated with one at law. (Gianopoulos v. New York Bankers, Inc., 234 App. Div. 682; Goldey v. Bierman, 201 id. 527.) The motion to consolidate actions is accordingly granted upon the following conditions: (1) That in the event that the equitable counterclaims are determined adversely to the plaintiff in the dissolution…