Order entered on April 6, 1960, unanimously reversed on the law, on the facts, and in the exercise of discretion, without costs; the motion to dismiss the complaint under subdivision 3 of rule 107 of the Rules of Civil Practice denied and the cross motion for consolidation granted.
Action No. 1 is based upon a loan. Action No. 2 seeks a recovery of the same amount sought in Action No. 1, but is based upon an agreement entered into between the parties subsequent to...
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