Majority
p. 864William P. Jenks and Others, Copartners Doing Business as Jenks, Gwynne & Company, Appellants, v. Clinton Burns and Catherine Mary Burns, His Wife, Respondents. (Action No. 1.) Clinton Burns, Respondent, Appellant, v. William P. Jenks and Others, Copartners Doing Business as Jenks, Gwynne & Company, Appellants, Respondents. (Action No. 2.)
Order granting con
p. 865
solidation of actions and denying motion to refer the issues in the consolidated actions affirmed, without costs. We do not hold that plaintiff in action No. 2 may not have a trial by jury of the issue therein involved even though his complaint by the consolidation order is now presented in the form of a counterclaim. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.