Schooler v. Colonial Discount Co.

Order consolidating Municipal Court action with Supreme Court action affirmed, with ten dollars costs and disbursements. The question of an election of remedies cannot be considered, not having been pleaded by defendant. (Roberge v. Winne, 144 N. Y. 709, 712.) Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.