
    Joseph Piteo, Doing Business as Piteo’s Silver Arrow City Lines, Plaintiff, v. Barnwell Bros., Inc., Defendant.
    City Court of New York, Special Term, New York County,
    September 20, 1943.
    
      Rein, Mound & Cotton for defendant.
    
      Martin Werner for plaintiff.
   McCullen, J.

The defendant has moved for an order consolidating a Municipal Court action with the present City Court action pursuant to section 18-a of the New York City Court Act (L. 1926, ch. 539). The Municipal Court action is a nonjury cause while the action in this court is a jury cause. This court cannot force the plaintiff to try his cause before a jury when he has • waived one. A consolidation would, in effect, force the plaintiff to do that which this court is powerless to order him to do. It is clear that the motion for a consolidation of the two causes must be denied for the above reason, since it would seriously prejudice the rights of the plaintiff. Motion denied.  