K & B Supply Co. v. Telford

Appellate Division of the Supreme Court of New York

K & B Supply Co. v. Telford

30 A.D.2d 638, 291 N.Y.S.2d 796, 1968 N.Y. App. Div. LEXIS 4010

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 16, 1968

StatusPublished

This text of 30 A.D.2d 638 (K & B Supply Co. v. Telford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

K & B Supply Co. v. Telford, 30 A.D.2d 638, 291 N.Y.S.2d 796, 1968 N.Y. App. Div. LEXIS 4010 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order unanimously reversed, without costs, and motion for consolidation granted, the consolidated action to take the place on the Erie County Trial Calendar of the mechanic’s lien foreclosure action. Memorandum: The law and equity actions commenced herein presenting common questions of law and fact are so related that one trial of both causes of action is desirable and necessary. The Justice presiding at the jury trial of the legal cause of action and counterclaim should try and determine the equitable cause of action and counterclaim. (See Vinlis Constr. Co. v. Boreck, 23 A D 2d 895.) (Appeal from order of Erie Special Term, denying motion for consolidation or joint trial.) Present — Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.

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Order unanimously reversed, without costs, and motion for consolidation granted, the consolidated action to take the place on the Erie County Trial Calendar of the mechanic’s lien foreclosure action. Memorandum: The law and equity actions commenced herein presenting common questions of law and fact are so related that one trial of both causes of action is desirable and necessary. The Justice presiding at the jury trial of the legal cause of action and counterclaim should try and determine the equitable cause of action and counterclaim. (See Vinlis Constr. Co. v. Boreck, 23 A D 2d 895.) (Appeal from order of Erie Special Term, denying motion for consolidation or joint trial.) Present — Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.

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Bluebook (online)

30 A.D.2d 638, 291 N.Y.S.2d 796, 1968 N.Y. App. Div. LEXIS 4010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/k-b-supply-co-v-telford-nyappdiv-1968.