Edgewater Machine Co. v. Weiss

This motion is for an order, pursuant to sections 96 and 97 of the Civil Practice Act, directing the removal to this court and the consolidation with this action of an action now pending in the City Court wherein the plaintiff is the defendant and the defendant is the plaintiff. The motion is granted. This is a proper case for consolidation as both actions are based upon the same written contract between the parties and involve identical facts and issues as to the performance or nonperformance of the terms of the contract. Upon consolidation a complete determination can be had in the one…