Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the matter is remitted to Supreme Court, Nassau County, for further proceedings consistent herewith.
Special Term's granting of a motion made by the Gardiners for consolidation of two matters was conditioned upon the depositing by the Gardiners of certain moneys into court. The Gardiners, alleging that the condition is prejudicial to them, have asked this court to exercise...
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