LICHTENSTEIN v. LAPADULA VILLANI TRUCKING CORP

Order denying appellants' motion to consolidate actions affirmed, with $10 costs and disbursements to respondent Lichtenstein. There was no abuse of discretion by Special Term in denying the motion, in view of the fact that Action No. 1 is on the nonjury calendar and trial is imminent, while considerable time must elapse before Action No. 2, on the jury calendar, can be reached for trial. Under the circumstances presented, consolidation would prejudice a substantial right of the plaintiff in Action No. 1. (Cf. New York Yellow Cab Co. Sales Agency v. Courtlandt Garage Realty Corp., 208 App. Div. 765, and Casanave v. Robbins, 262 App. Div. 873.) Nolan, P.J., Adel, Wenzel, Beldock and Murphy, JJ., concur.