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Kabasso v. Bruce Supply Corp.
Citations: 77 A.D.2d 645; 431 N.Y.S.2d 546; 1980 N.Y. App. Div. LEXIS 12375
Court: Appellate Division of the Supreme Court of the State of New York; July 28, 1980; New York; State Appellate Court
In an appeal concerning a declaratory judgment and money damages for breach of a lease, the plaintiff contests a May 23, 1980, order from the Supreme Court of Kings County. The court modified a previous order that had unconditionally consolidated this action with a Civil Court dispossess proceeding, imposing a condition that the plaintiff must pay current rent and real estate taxes into court. The modification replaces the requirement for the plaintiff to pay rent and taxes with a stipulation that the defendant must first execute necessary documents for the plaintiff to obtain a certificate of occupancy. If the defendant fails to execute these documents, the consolidation order will remain unconditional. The order was affirmed as modified, with no costs or disbursements awarded. The defendant has 20 days post-service of the new order to execute the required documents. A trial is to be held promptly upon consolidation. The court found no abuse of discretion in the consolidation order's conditions but noted the initial order did not sufficiently address the consequences of the defendant's failure to execute the necessary documents. The judges concurred in this decision.