Goldey v. Bierman

Summary

The court affirmed an order removing a Municipal Court action to the Supreme Court and consolidating it with an action for dissolution and accounting of a partnership. It held that the actions arose from the same relationship and subject matter, and that consolidation was authorized under sections 96 and 97 of the Civil Practice Act without prejudice to a substantial right.

Holdings

1. Under Civil Practice Act sections 96 and 97, the Supreme Court may remove an action pending in another court and consolidate it with a Supreme Court action whenever consolidation can be accomplished without prejudice to a substantial right; the actions need not be between the same plaintiff and defendant.
2. Removal and consolidation were proper because the two actions arose from the same partnership relationship, involved substantially the same subject matter, and no substantial prejudice to Bierman was shown.

Questions Presented

1. Whether sections 96 and 97 of the Civil Practice Act authorized the Supreme Court to remove and consolidate related actions even though they were brought by different plaintiffs against different defendants.
2. Whether the two actions were sufficiently related, and whether consolidation could occur without prejudice to a substantial right.

Disposition

affirmed