From Casetext: Smarter Legal Research

Tankoos-Yarmon Hotels, Inc. v. Smith

Supreme Court, Appellate Term, First Department
Jul 1, 1968
58 Misc. 2d 1072 (N.Y. App. Term 1968)

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Order dated April 26, 1968 was superseded by order dated May 8, 1968, and the appeal from the order of April 26, 1968 is dismissed.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


Summaries of

Tankoos-Yarmon Hotels, Inc. v. Smith

Supreme Court, Appellate Term, First Department
Jul 1, 1968
58 Misc. 2d 1072 (N.Y. App. Term 1968)
Case details for

Tankoos-Yarmon Hotels, Inc. v. Smith

Case Details

Full title:TANKOOS-YARMON HOTELS, INC., Appellant, v. WILLIAM C. SMITH, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 1, 1968

Citations

58 Misc. 2d 1072 (N.Y. App. Term 1968)
299 N.Y.S.2d 937

Citing Cases

Haskell v. Surita

It is for these reasons that this type of clause has been more often enforced in decisions involving…

YMCA v. Brandt

That branch of the cross motion, which seeks to dismiss respondent's counterclaims is also granted, but only…