M. F. O'Neill, Inc. v. Lockwhit Co.
This text of 82 Misc. 383 (M. F. O'Neill, Inc. v. Lockwhit Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Under the authority of Gillin v. Canary, 19 Misc. Rep. 594, the practice of consolidating several actions, the aggregate of which is in excess of the amount for which the City Court is authorized to enter judgment, is not to be adopted. The amount demanded in the actions consolidated in the order appealed from is $6,043. It follows that the order should be reversed. The defendant may then move to have the several actions now pending in the City Court removed to the Supreme Court where they may be lawfully consolidated and tried as one action. Code Civ. Pro., §§ 319a, 817.
Order reversed with disbursements to appellant and motion denied.
Guy and Bijur, JJ., concur.
Order reversed and motion denied.
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Cite This Page — Counsel Stack
82 Misc. 383, 143 N.Y.S. 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-f-oneill-inc-v-lockwhit-co-nyappterm-1913.