Order affirmed, without costs.
Defendant brought an action against plaintiff in the Municipal Court of the City of New York to recover for professional services rendered. Plaintiff thereafter instituted an action against defendant in the Supreme Court, Queens County, to recover damages for malpractice and fraud. On plaintiff's motion, the court by order dated January 8, 1952 consolidated the Municipal Court action with the Supreme Court action. On March 16, 1959,...
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