Lorch v. Lorch

Appeal from an order denying appellant’s motion (1) to transfer from the Municipal Court of the City of New York a summary proceeding, brought by respondent to recover possession of real property from appellant, and (2) to consolidate said proceeding with this action, brought by respondent for a separation from appellant. 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…