Consolidations are naturally favored by the courts to save the time of litigants, witnesses, attorneys and the courts themselves in unnecessary duplicative proceedings and trials, thus expediting easing of the calendar congestion, and at the same time avoiding possible inconsistency of verdicts or decisions resulting from separate trials. Such considerations may not be permitted, however, to outweigh the element of substantial prejudice to any party which, it is affirmatively shown, would arise from the consolidation or joint trial (Civ. Prac. Act, § 96). Evidence that one of two defendants in a Municipal Court action has settled with the plaintiffs would be admissible
The order should be modified by striking therefrom the provision directing removal of Action No. 2 and its consolidation with Action No. 1, and as modified affirmed, with $10 costs and disbursements to appellant.
Eder, Schreiber and Hecht, JJ., concur.
Ordered accordingly.