Uterhart v. National Bank of Far Rockaway

— Order entered May 21, 1938, in so far as it grants plaintiff’s motion to sever the second cause of action in Action No. 2 and to consolidate such cause of action with Action No. 1, and directs the service of an amended complaint, affirmed, with ten dollars costs and disbursements. The motion presents a novel question, but in view of the circumstances shown it was within the discretion of the court to order a consolidation of causes of action involving related facts and issues as to a single defendant. The liberal provisions of section 96 of the Civil Practice Act are not to be limited by…