
    M. F. O’Neill, Inc., Appellant, v. Lockwhit Company and Charles W. Graham, Respondents.
    (Supreme Court, Appellate Term, First Department,
    October, 1913.)
    Consolidation of actions—motion for removal to Supreme Court — aggregate amount demanded.
    An order consolidating seven City Court actions in which the aggregate amount demanded is $6,000 must be reversed.
    Upon the reversal of such an order defendant may move for the removal of the several actions to the Supreme Court where they may be consolidated and tried as one action.
    Appeal by the plaintiff from an order of the City Court of the city of New York consolidating seven causes of action brought by the plaintiff against the defendants.
    Hugo S. Mack (William Kaufman, of counsel), for appellant.
    Paul M. Abrahams (George Troslc, of counsel), for respondents.
   Seabury, J.

Under the authority of Gillin v. Canary, 19 Misc. Rep. 594, the practice of consolidating several actions, the aggregate of which is in excess of the amount for which the City Court is authorized to enter judgment, is not to be adopted. The amount demanded in the actions consolidated in the order appealed from is $6,043. It follows that the order should be reversed. The defendant may then move to have the several actions now pending in the City Court removed to the Supreme Court where they may be lawfully consolidated and tried as one action. Code Civ. Pro., §§ 319a, 817.

Order reversed with disbursements to appellant and motion denied.

Guy and Bijur, JJ., concur.

Order reversed and motion denied.  