Tankoos-Yarmon Hotels, Inc. v. Smith

Appellate Terms of the Supreme Court of New York

Tankoos-Yarmon Hotels, Inc. v. Smith

58 Misc. 2d 1072, 299 N.Y.S.2d 937, 1968 N.Y. Misc. LEXIS 1350

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 1, 1968

StatusPublished

Cited by3 cases

This text of 58 Misc. 2d 1072 (Tankoos-Yarmon Hotels, Inc. v. Smith) 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.

Bluebook

Tankoos-Yarmon Hotels, Inc. v. Smith, 58 Misc. 2d 1072, 299 N.Y.S.2d 937, 1968 N.Y. Misc. LEXIS 1350 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

It was an aibuse of discretion to have denied the landlord’s motion to sever the counterclaim for personal injuries from the landlord’s nonpayment summary proceeding [1073]*1073(CPLR 407). The claim asserted in the counterclaim is unrelated to the landlord’s claim for rent and possession, and it would inordinately delay a disposition of the primary claim if a severance is denied (Great Park Corp. v. Goldberger, 41 Misc 2d 988).

Order dated April 26, 1968 was superseded by order dated May 8,1968, and the appeal from the order of April 26, 1968 is dismissed.

Order dated May 8, 1968, insofar as appealed from, reversed with $10 costs, and motion to sever granted.

'Concur — "Street, Markowitz and Hofstadter, JJ.

Order [May 8, 1968] reversed, etc.

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