Street of Shops, Inc. v. Clifford

Appellate Division of the Supreme Court of New York

Street of Shops, Inc. v. Clifford

20 A.D.2d 622, 244 N.Y.S.2d 858, 1963 N.Y. App. Div. LEXIS 2740

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

DecidedDecember 12, 1963

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 622 (Street of Shops, Inc. v. Clifford) 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

Street of Shops, Inc. v. Clifford, 20 A.D.2d 622, 244 N.Y.S.2d 858, 1963 N.Y. App. Div. LEXIS 2740 (N.Y. Ct. App. 1963).

Pincite

Opinion

— Order unanimously reversed, without costs of this appeal to either party and motion granted, without costs. Memorandum: In the exercise of a proper discretion Special Term should have granted the application to remove to Supreme Court and try jointly with this action the summary pro[623]*623ceeding pending in County Court. In the absence of a complaint in the Supreme Court action we assume that it will contain allegations similar to those found in the answer in the summary proceeding except that requested relief will be for rescission of the lease as well as for money damages. Upon this assumption we find identity of factual issues. If either party applies for a preference the motion should be granted. The trial of the summary proceeding should not be delayed by pretrial proceedings. We do not reach or pass upon the question of the jurisdiction of County Court to entertain in the summary proceeding a counterclaim seeking equitable relief for rescission of the lease. (Appeal from an order of Monroe Special Term denying plaintiff’s motion under subdivision (b) of section 602 of the Civil Practice Law and Buies to remove the County Court action and either consolidate or join it for trial with the Supreme Court action.) Present — Williams, P. J., Bastow, MeClusky, Henry and Noonan, JJ.

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— Order unanimously reversed, without costs of this appeal to either party and motion granted, without costs. Memorandum: In the exercise of a proper discretion Special Term should have granted the application to remove to Supreme Court and try jointly with this action the summary pro[623]*623ceeding pending in County Court. In the absence of a complaint in the Supreme Court action we assume that it will contain allegations similar to those found in the answer in the summary proceeding except that requested relief will be for rescission of the lease as well as for money damages. Upon this assumption we find identity of factual issues. If either party applies for a preference the motion should be granted. The trial of the summary proceeding should not be delayed by pretrial proceedings. We do not reach or pass upon the question of the jurisdiction of County Court to entertain in the summary proceeding a counterclaim seeking equitable relief for rescission of the lease. (Appeal from an order of Monroe Special Term denying plaintiff’s motion under subdivision (b) of section 602 of the Civil Practice Law and Buies to remove the County Court action and either consolidate or join it for trial with the Supreme Court action.) Present — Williams, P. J., Bastow, MeClusky, Henry and Noonan, JJ.

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Bluebook (online)

20 A.D.2d 622, 244 N.Y.S.2d 858, 1963 N.Y. App. Div. LEXIS 2740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/street-of-shops-inc-v-clifford-nyappdiv-1963.

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