43rd St. Deli v Paramount Leasehold, L.P.

43rd St. Deli v Paramount Leasehold, L.P. 2011 NY Slip Op 08296 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.
6084 110073/06

[*1]43rd Street Deli, Plaintiff-Appellant,

v

Paramount Leasehold, L.P., Defendant-Respondent.




Cornicello, Tendler & Baumel-Cornicello, LLP, New York
(Susan Baumel-Cornicello of counsel), for appellant.
Law Offices of M. Teresa Daley, P.C., New York (M. Teresa
Daley of counsel), for respondent.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered April 5, 2011, which, insofar as appealed from, in this action seeking, inter alia, a declaration that plaintiff tenant is not in default of the parties' lease and that plaintiff properly exercised its option to renew the lease, denied plaintiff's motion to remove a pending holdover proceeding in the Housing Part of Civil Court and to consolidate it with this action, unanimously reversed, on the law, without costs, and the motion granted.

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, Inc., 221 AD2d 191 [1995]). The record shows that the Supreme Court action and the 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 Civil Court cannot accord the complete relief sought by plaintiff in the Supreme Court action (see DeCastro v Bhokari, 201 AD2d 382, 382-83 [1994]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK