Gitter v. Schiff

Plaintiff in this action to declare void certain checks and notes issued by her to defendant wherein she seeks further relief directing that defendant be compelled to return said instruments, moves for an order consolidating this action with one pending in the Municipal Court wherein defendant, as plaintiff, instituted suit on one of the checks in question. Since the Municipal Court lacks jurisdiction to afford affirmative relief to plaintiff and since common questions of law and fact are presented in both actions, the interests of justice will be served by a consolidation.

*611It is no bar to the…