Order entered December 21, 1966 unanimously modified on the law, the facts and in the exercise of discretion, so as to grant the motion for a joint trial. Under the circumstances, the existence of common questions of law and fact required a consolidation (CPLR 602). (See, also, Vidal v. Sheffield Farm Co., 208 Misc. 438.) As modified the order is affirmed, without costs or disbursements. Settle order on notice.
Concur — Stevens, J.P., Capozzoli, Tilzer and Rabin, JJ.