Legal Opinion

Datz v. Economy Cotton Goods Stores, Inc.

New York Court of Appeals

Decided January 9, 1934PublishedCited by 21 opinions

1Opinion of the CourtO’Brien, J.

Plaintiff instituted an action in the County Court for rent and later began another action in Justice’s Court to recover rent during a time subsequent to the time embraced in the action in the County Court. In both actions the defense pleaded was the same. Defendant moved in the County Court for an order consolidating the two actions and its motion was denied. The Appellate Division affirmed by a divided court and certified the question whether power resides in the County Court to consolidate the actions.

Section 96 of the Civil Practice Act provides in the broadest terms that actions may be…

2Cited by21 opinions

  1. In re the Arbitration between Symphony Fabrics Corp. & Bernson Silk Mills, Inc.New York Court of Appeals · 1963
  2. Inspiration Enterprises, Inc. v. Inland Credit Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Sporn v. Hudson Transit LinesAppellate Division of the Supreme Court of the State of New York · 1942
  4. Denton v. KoshferNew York Supreme Court · 1951
  5. Krohe v. GoldmanCity of New York Municipal Court · 1938

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