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Cane v. Herman

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1994
209 A.D.2d 368 (N.Y. App. Div. 1994)

Opinion

November 29, 1994

Appeal from the Supreme Court, New York County (Carol Arber, J.).


"[A] Supreme Court Justice is vested with inherent plenary power [citation omitted] to fashion any remedy necessary for the proper administration of justice." (People ex rel. Doe v Beaudoin, 102 A.D.2d 359, 363.) Here, the court's direction that plaintiff pay his monthly rent into court pending the outcome of proceedings to be conducted by the State Division of Housing and Community Renewal was not an abuse of discretion inasmuch as it serves to provide an incentive to both parties to litigate the matter as expeditiously as possible (see, Wagner v. Kurz, 92 A.D.2d 775).

We have reviewed defendants' remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Kupferman and Asch, JJ.


Summaries of

Cane v. Herman

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1994
209 A.D.2d 368 (N.Y. App. Div. 1994)
Case details for

Cane v. Herman

Case Details

Full title:PETER S. CANE, Respondent, v. MAURICE J. HERMAN et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 29, 1994

Citations

209 A.D.2d 368 (N.Y. App. Div. 1994)
618 N.Y.S.2d 792

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