Order unanimously modified so as to grant consolidation of the Municipal Court action with the Supreme Court action upon condition that the defendant's cause of action, as a counterclaim, be tried separately by a jury prior to the trial of the plaintiff's equitable cause of action.
Defendant Ball & Jewell, Inc., shall have the right to open and close upon the separate jury trial of its counterclaim. The equity trial may then proceed before the same justice hearing...
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