Order modified by striking therefrom the fourth ordering paragraph and by providing instead that Dictograph Products, Inc., shall be the plaintiff in the consolidated action with the right to open and close and that Lehman shall be the defendant therein. As so modified, order, insofar as appealed from, affirmed, with $10 costs and disbursements to the appellant.
There are no special circumstances which warrant denial to appellant, whose action was first commenced...
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