Order reversed, without costs, and motion remitted to the Special Term for further proceedings as indicated herein.
The motion should be denied unless appellant Edward C. Teperman within 10 days after the entry of the order hereon stipulate to waive his right to a jury trial of his action for salary, in which event the motion for consolidation should be granted, with respondent having the right to open and close in the consolidated action and with the further right...
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