Texilon Company v. Eugene Kaiserman Et Al‪.‬

[3 A.D.2d 743 Page 743] There is not sufficient identity of the issues in the three actions here involved to warrant consolidation for the purposes
of trial. The claims asserted by Texilon against its suppliers for defective elastic, in Actions Nos. 1 and 3, do not "grow
out of the same set of facts" as the breaches alleged against it by its customer Sweetheart in Action No. 2 (Civ. Prac. Act,
96-a). Texilon's claims against its suppliers, limited as they are to alleged breaches of warranty as to the quality [3
A.D.2d 743 Page 744]