Reversed, on the law and the facts and in the exercise of discretion, with $10 costs and disbursements, and defendant's motion to remove the summary proceeding to said court and to consolidate the proceeding and the action granted, upon the following conditions: (1) defendant shall have the right to open and close on the trial of its counter-claims in the consolidated action; (2) during the pendency of the consolidated actions, and in addition to sums heretofore paid, if...
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