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Hewlett Developers, Inc. v. Frisina

Supreme Court, Special Term, Nassau County
Jan 11, 1962
32 Misc. 2d 911 (N.Y. Misc. 1962)

Opinion

January 11, 1962

Goldstein Maffucci for plaintiff-petitioner.

Nathaniel S. Rudes for defendants-respondents.


Motion for a joint trial of a special proceeding and an action is denied.

Section 96-a of the Civil Practice Act authorizes the joint trial of actions or the joint trial of special proceedings growing out of the same set of facts. Section 96 of the Civil Practice Act provides for the consolidation of actions or the consolidation of special proceedings. It has been held that where there is no statutory authority for the consolidation of an action and a special proceeding consolidation should be denied. ( Matter of Big W. Constr. Corp., 278 App. Div. 977.) Likewise it should be held that unless the right to a joint trial is found in a statute, there should be no joint trial of a special proceeding and an action.

Moreover, as an additional reason for denying a joint trial, the court has dismissed the complaint as insufficient on a companion motion, decided herewith.


Summaries of

Hewlett Developers, Inc. v. Frisina

Supreme Court, Special Term, Nassau County
Jan 11, 1962
32 Misc. 2d 911 (N.Y. Misc. 1962)
Case details for

Hewlett Developers, Inc. v. Frisina

Case Details

Full title:HEWLETT DEVELOPERS, INC., Plaintiff, v. WARREN FRISINA et al., Defendants…

Court:Supreme Court, Special Term, Nassau County

Date published: Jan 11, 1962

Citations

32 Misc. 2d 911 (N.Y. Misc. 1962)
224 N.Y.S.2d 587

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