Legal Opinion
43rd Street Deli v. Paramount Leasehold, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2011PublishedCited by 1 opinion
1Opinion of the Court
The motion should have been granted in the interests of judicial economy (see e.g. Amcan Holdings, Inc. v Torys LLP, 32 AD3d 337, 339 [2006]; Moretti v 860 W. Tower, 221 AD2d 191 [1995]). The record shows that the Supreme Court action and *574the Civil Court proceeding involve the same parties, and essentially the same questions of law and fact. Defendant has failed to demonstrate that any of its substantial rights would be prejudiced (see Fisher 40th & 3rd Co. v Welsbach Elec. Corp., 266 AD2d 169, 170 [1999]; Amtorg Trading Corp. v Broadway & 56th St. Assoc., 191 AD2d 212, 213 [1993]), and the…
2Cases cited5 opinions
- DeCastro v. BhokariAppellate Division of the Supreme Court of the State of New York · 1994
- Amtorg Trading Corp. v. Broadway & 56th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Amcan Holdings, Inc. v. Torys LLPAppellate Division of the Supreme Court of the State of New York · 2006
- Moretti v. 860 West Tower, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Fisher 40th & 3rd Co. v. Welsbach Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- Matter of Santander Consumer USA, Inc. v. Autorama Enters., Inc.Appellate Division of the Supreme Court of the State of New York · 2022