Opinion
November 9, 1995
Appeal from the Supreme Court, New York County (William Davis, J.).
The IAS Court was within its discretion in granting removal and consolidation, in the interest of judicial economy, as both cases involved common questions of law and fact and plaintiff would otherwise be unable to obtain full redress of her rights. Neither plaintiff's negligence claims nor her request for injunctive relief could be adjudicated in the nonpayment proceeding ( see, Atherton v 21 E. 92nd St. Corp., 149 A.D.2d 354). The delay in determination of the nonpayment proceeding will not cause prejudice sufficient to justify denial of the motion ( see, Amtorg Trading Corp. v Broadway 56th St. Assocs., 191 A.D.2d 212), as the parties' real controversy concerns money, not possession of the premises, and as interest may be awarded if defendant prevails (CPLR 5001).
Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Tom, JJ.