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Quik Park 808 Garage LLC v. 808 Columbus Commercial Owner LLC
Citation: 2021 NY Slip Op 06457Docket: Index No. 159396/19 Appeal No. 14662 Case No. 2021-00784
Court: Appellate Division of the Supreme Court of the State of New York; November 17, 2021; New York; State Appellate Court
Original Court Document: View Document
Quik Park 808 Garage LLC initiated a legal action against 808 Columbus Commercial Owner LLC seeking a Yellowstone injunction and other forms of declaratory and injunctive relief after the defendant landlords issued a default notice. The notice claimed that the plaintiff was in breach of its lease, specifically alleging that nonparty Rafael Llopiz or his family failed to maintain a required ownership interest in Quik Park. The Supreme Court of New York County, under Justice Paul A. Goetz, granted the defendant's motion to consolidate this action with two other similar actions involving the same parties and related factual disputes. The Appellate Division, First Department, affirmed this order, emphasizing that consolidation serves the interest of judicial economy and is favored unless it substantially prejudices a party's rights. The court noted that the consolidation was appropriate since all three actions dealt with the same ownership interest issue and common causes of action. The plaintiff’s additional arguments against consolidation were found to be without merit. The decision was entered on November 18, 2021.