In Stracham, the Court (Schack, J.) ruled that "in [the] exercise of sound discretion, with the existence of common questions of fact in these cases, it is proper, pursuant to CPLR § 602, to order a joint trial of the instant Supreme Court action with the Housing Part holdover action."
Summary of this case from Goodstein v. 695 9th Ave. Hous. Dev. Fund Corp.April 18, 2006.
Actions — Consolidation and Severance.
In Stracham, the Court (Schack, J.) ruled that "in [the] exercise of sound discretion, with the existence of common questions of fact in these cases, it is proper, pursuant to CPLR § 602, to order a joint trial of the instant Supreme Court action with the Housing Part holdover action."
Summary of this case from Goodstein v. 695 9th Ave. Hous. Dev. Fund Corp.In Stracham, the court found that it was a better exercise of discretion to order a joint trial of the holdover proceeding with the Supreme Court action rather than to simply stay the Housing Court proceeding.
Summary of this case from Goodstein v. 695 9th Ave. Hous. Dev. Fund Corp.Full title:STRACHAM v. BRESNICK
Court:Supreme Court of the State of New York. KINGS COUNTY
Date published: Apr 18, 2006
Matter of Tenenbaum , 81 AD3d 738,739 (2d Dept 2011), quoting Zonghetti v. Jeromack , 150 AD2d 561, 563 (2d…