Barbara Singer v. Lawrence Singer

In our opinion, the trial court acted improperly when, upon its own motion, it ordered consolidation of the actions (see CPLR 602 and Practice Commentary thereon in McKinney's Cons. Laws of N. Y., Book 7B, CPLR 501-2200, p. 116). Admittedly a court has broad powers to order consolidation but they should not be exercised in a situation as at bar where neither side requests such action, where approximately five months have elapsed since both sides offered their proof in Action No. 1 and where Action No. 2 has not yet been reached for trial.