Theodore Grzechowiak, Appellant, v. City of Buffalo, Defendant, and John Deerman, Defendant-Respondent. (Action No. 1.); John B. Deerman, Respondent, v. Theodore Grzechowiak, Defendant. (Action No. 2.)

Theodore Grzechowiak, Appellant, v. City of Buffalo, Defendant, and John Deerman, Defendant-Respondent. (Action No. 1.) John B. Deerman, Respondent, v. Theodore Grzechowiak, Defendant. (Action No. 2.) [MAJORITY] — Order modified on the facts and as a matter of discretion by changing the title of the consolidated action to read “ Theodore Grzechowiak, Plaintiff, v. City of Buffalo and John Deerman, Defendants,” with the right to Theodore Grzechowiak to open and close, and as modified affirmed, without costs of this appeal to any party. All concur. (The order consolidates the two actions.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ.