AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

VILLAGE OF MAMARONECK, Respondent, v. MAMARONECK AFFORDABLE CONDOMINIUM CORPORATION, Appellant.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion for summary judgment. In support of its motion, the plaintiff made a prima facie showing of entitlement to judgment as a matter of law ( see generally Alvarez v. Prospect Hosp., 68 NY2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853; Zuckerman v. City of New York, 49 NY2d 557, 562). In opposition, the defendant failed to raise a triable issue of fact.

Moreover, the Supreme Court providently exercised its discretion in denying the defendant's motion to consolidate the instant action with an action entitled Regatta Condominium Assn. v. Village of Mamaroneck, pending in the Supreme Court, Westchester County, under index No. 17117/01 ( see CPLR 602 [a]). Although there are some common issues, the actions arise out of different transactions and involve completely different claims by the respective plaintiffs ( see Target Graphics v. Deutsch, 282 AD2d 601).

The defendant's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

VILLAGE OF MAMARONECK v. MAMARONECK AFFORDABLE
(Dec 6, 2004)