Legal Opinion

Jacobs v. Grant

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2011Published

1Opinion of the Court

Contrary to the plaintiffs contentions, the Supreme Court did not improvidently exercise its discretion in denying that *1064branch of his motion which was to consolidate this action with a summary proceeding entitled Matter of Hawthorne Gardens Owners Corp. v Jacobs, pending in the District Court, Nassau County, under index No. SP 004412/09 (see CPLR 602 [a]; 107-48 Queens Blvd. Holding Corp. v ABC Brokerage, 238 AD2d 557 [1997]; Titleserv, Inc. v Zenobio, 210 AD2d 310, 311 [1994]).

The plaintiff’s remaining contentions are without merit. Prudenti, PJ., Skelos, Balkin and Sgroi, JJ., concur.

2Cases cited2 opinions

  1. Titleserv, Inc. v. ZenobioAppellate Division of the Supreme Court of the State of New York · 1994
  2. 107-48 Queens Blvd. Holding Corp. v. ABC Brokerage Inc.Appellate Division of the Supreme Court of the State of New York · 1997