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Hatfield v. Wynne

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1991
178 A.D.2d 462 (N.Y. App. Div. 1991)

Opinion

December 9, 1991

Appeal from the Supreme Court, Queens County (Graci, J.).


Ordered that the order is modified by deleting the provision denying that branch of the cross motion which was to consolidate Action No. 1 with Action No. 3 and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court, Queens County, erred in its sua sponte determination that the 1977 action to vacate the judgment of foreclosure (Action No. 3) had been abandoned, and for reasons of judicial economy this action should be consolidated with the present action (CPLR 602; see, Mideal Homes Corp. v L C Concrete Work, 90 A.D.2d 789). We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Sullivan and Lawrence, JJ., concur.


Summaries of

Hatfield v. Wynne

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1991
178 A.D.2d 462 (N.Y. App. Div. 1991)
Case details for

Hatfield v. Wynne

Case Details

Full title:ROBERT C. HATFIELD et al., Respondents, v. MYRTLE WYNNE et al.…

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

Date published: Dec 9, 1991

Citations

178 A.D.2d 462 (N.Y. App. Div. 1991)