TITLESERV, INC. v. ZENOBIO


210 A.D.2d 310 (1994)

619 N.Y.S.2d 768

Titleserv, Inc., Appellant, v. Michael Zenobio, Jr., et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff tenant seeks to remove a summary nonpayment proceeding that was commenced by the defendant landlord in the District Court, Nassau County, and to consolidate that proceeding with the present action, inter alia, for breach of a lease and rescission. Although there are common issues of law and fact supporting consolidation, the parties...

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