Opinion
July 1, 1968
Appeal from the Civil Court of the City of New York, County of New York, HILDA G. SCHWARTZ, J.
John H. Sherry and John F. Gilligan for appellant.
It was an abuse of discretion to have denied the landlord's motion to sever the counterclaim for personal injuries from the landlord's nonpayment summary proceeding (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Order dated April 26, 1968 was superseded by order dated May 8, 1968, and the appeal from the order of April 26, 1968 is dismissed.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 — STREIT, MARKOWITZ and HOFSTADTER, JJ.
Order [May 8, 1968] reversed, etc.