Ellison v. Norton — 47 A.D.2d 627

Majority

p. 627

Herman Ellison, Plaintiff, v. Peter Norton et al., Respondents, et al., Defendant. (Action No. 1.) Thomas Fleming, Appellant, v. Peter Norton et al., Respondents, et al., Defendant. (Action No. 2.)

—Appeal from an order of the Supreme Court, Queens County, entered October 15, 1974, which granted a motion by defendants Norton to the extent of ordering a joint trial in said court of Actions No. 1 and No. 2. Upon consent of the attorney for said defendants in a letter dated January 16,1975, the order is reversed and Action No. 2 is restored to the Civil Court of the City of New York, County of New York. Appellant is awarded $20 costs and disbursements of the appeal against defendants Norton. Gulotta, P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.