Zacks v. Pollack

Plaintiff in this malpractice action seeks to consolidate with it an action pending in the Municipal Court wherein defendant seeks to recover for the professional services which it is claimed here were negligently performed.

Pursuant to section 96 of the Civil Practice Act actions may be consolidated when it can be done without prejudice to a substantial right. Defendant here has failed to substantiate any claim of prejudice to any rights were consolidation granted. *187On the other hand, as cogently argued by plaintiff’s counsel, the defense in the trial of the action in the Municipal Court would…