Order reversed, without costs, and motion granted.
Since appellant cannot obtain affirmative equitable relief in the summary proceeding (Levy v. Van Dorn Hotel Corp., 60 N.Y.S.2d 795), and since there are questions of law and fact common to the proceeding and the action which may be disposed of in one lawsuit without prejudice to a substantial right of either party (cf. Corcoran v. Scolaro, 267 App. Div. 871), a consolidation should be had to avoid multiplicity...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
