
    Benno Scheidegger, Respondent, v. Alpine Sporting Goods Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Head Ski Co., Inc., Third-Party Defendant-Respondent. (Action No. 1.) Benno Scheidegger, Respondent, v. Head Ski Co., Inc., Respondent. (Action No. 2.)
   Orders of the Supreme Court, Queens County, dated December 30,1966 and January 12, 1967, reversed, with one bill of $10 costs and disbursements payable to plaintiff by defendant and third-party plaintiff-appellant and (1) the latter’s motion to consolidate Actions Nos. 1 and 2 granted; and consolidation directed upon the following conditions: (a) the consolidated action shall retain the index and calendar numbers assigned to Action No. 1; (b) the action by plaintiff against the defendant and third-party plaintiff-appellant shall be tried first by the court without a jury; thereafter a jury shall try the issues remaining to be tried in Action No. 2 and the issues remaining to be tried, if any, in the third-party and fourth-party actions in Action No. 1; (e) plaintiff shall have the right to open and close before the jury; and (d) the consolidated action shall be placed on the September 1967 Calendar for trial and all pretrial proceedings shall be completed before September 1, 1967; and (2) cross motion of third-party defendant-respondent granted to the extent of permitting it to file a jury demand, nunc pro tu/nc, in Action No. 1. In our opinion, the denial of consolidation and the failure to permit the third-party defendant-respondent to file a jury demand nunc pro tunc constituted an improvident exercise of discretion. TJghetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.  