Order modified on the law and the facts by striking therefrom the provisions transferring the action to Kings County and inserting in place thereof a provision directing the trial of the consolidated action to be had in Queens County. As thus modified, the order, insofar as appealed from, is affirmed, without costs. Transferring the trial of the action to Kings County was an improvident exercise of discretion in view of the calendar conditions in the respective counties and the fact that the Queens County action was first begun. ( Funk v. Nelson, 264 App. Div. 876; Gibbs v. Sokol, 216 App. Div. 260; 3 Carmody on New York Pleading and Practice, § 859, p. 1638.) Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.