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TANKOOS-YARMON HOTELS v. WILLIAM C. SMITH (07/01/68)

NEW YORK SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT


July 1, 1968

TANKOOS-YARMON HOTELS, INC., APPELLANT,
v.
WILLIAM C. SMITH, RESPONDENT

Appeal (1) from an order of the Civil Court of the City of New York, County of New York (Hilda G. Schwartz, J.), entered April 26, 1968 which denied the landlord's motion to sever the tenant's counterclaim for $25,000 damages for personal injuries from this summary dispossess proceeding for nonpayment of rent, and (2) from an order of the same court, entered May 8, 1968 which, on reargument, adhered to the original decision.

Concur -- Streit, Markowitz and Hofstadter, JJ.

Author: Per Curiam

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Order dated April 26, 1968 was superseded by order dated May 8, 1968, and the appeal from the order of April 26, 1968 is dismissed.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

Order [May 8, 1968] reversed, etc.

Disposition

Order [May 8, 1968] reversed, etc.

19680701

© 1998 VersusLaw Inc.



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