Order modified on the law and the facts by inserting an additional paragraph providing that Beaudry shall open first and close last on the trial of the consolidated action. As so modified, the order is affirmed, with one bill of $10 costs and disbursements to appellants.
On March 7, 1949, Stuts commenced two actions in Kings County for moneys loaned, by the service of a summons without a complaint. On March 8, 1949, Beaudry commenced an action in New York County for...
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