Victoria Kitchens, Inc. v. Leiner

OPINION OF THE COURT

David Goldstein, J.

The issue on this motion is whether an action brought in the regular daytime part of the Civil Court should be consolidated or tried jointly with a previously commenced small claims proceeding and, if so, what procedural rules should be applicable at trial.

On November 12, 1987, claimant, Corey Leiner, brought suit in Small Claims Court to recover $1,300 as a result of alleged defective services rendered by Victoria Kitchens, Inc. (Victoria). Thereafter, in December 1987, Victoria commenced an *557action against Leiner in the regular part of court to recover…