Eviction Case Consolidated with Contract Breach Case

May 31, 2006

LVT Number: 18906

Landlord sued to evict tenant. In a separate court action, tenant sued landlord and another individual who it claimed owned the building. Tenant claimed that the building's owner was under contract to sell the building to tenant and was now refusing to close the sale. Tenant asked the court to delay the eviction case or consolidate it with the contract breach case. The court ruled for tenant in part. Consolidating the two cases could cause jury confusion. But there could be a joint trial of the two cases.

Landlord sued to evict tenant. In a separate court action, tenant sued landlord and another individual who it claimed owned the building. Tenant claimed that the building's owner was under contract to sell the building to tenant and was now refusing to close the sale. Tenant asked the court to delay the eviction case or consolidate it with the contract breach case. The court ruled for tenant in part. Consolidating the two cases could cause jury confusion. But there could be a joint trial of the two cases. There were questions of fact as to who owned the building, so these should be resolved first in the contract breach action.

Stracham v. Bresnick: NYLJ, 5/10/06, p. 26, col. 1 (Sup. Ct. Kings; Schack, J)

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