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TANKOOS-YARMON HOTELS v. SMITH

58 Misc.2d 1072 (1968)

Tankoos-Yarmon Hotels, Inc., Appellant, v. William C. Smith, Respondent.

Supreme Court, Appellate Term, First Department.

July 1, 1968

Attorney(s) appearing for the Case

John H. Sherry and John F. Gilligan for appellant.

Concur — STREIT, MARKOWITZ and HOFSTADTER, JJ.

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...

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