JM Mechanical Corp. v. Washington Federal Sav. and Loan Ass'n
| Decision Date | 23 March 1981 |
| Citation | 80 A.D.2d 884,437 N.Y.S.2d 127 |
| Parties | JM MECHANICAL CORP., Respondent, v. WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant. (and a second title) |
| Court | New York Supreme Court — Appellate Division |
Demov, Morris, Levin & Shein, New York City (Richard S. Fries and Robert D. Levin, New York City, of counsel), for appellant.
Russo, Lombardi & Frucco, White Plains (John P. Frucco, White Plains, of counsel), for respondent.
Before MOLLEN, P. J., and HOPKINS, MANGANO and COHALAN, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, on a contract, defendant appeals from an order of the Supreme Court, Westchester County, entered July 3, 1980, which granted plaintiff's motion for consolidation or a joint trial of the instant action together with an action brought against plaintiff in the Supreme Court, Suffolk County, to the extent of directing a joint trial of the two actions in Suffolk County.
Order reversed, on the law, with $50 costs and disbursements, and motion denied.
The actions which Special Term ordered to be jointly tried arose out of a series of difficulties which attended the construction of a nursing home at 5811 Ditmas Avenue in Brooklyn. Although the parties' motion papers disclose what is at best an incomplete account of these events, the following appear to be the relevant facts. In July, 1974 Washington Federal Savings and Loan Association (Washington Federal) and the Golden Haven Realty Corporation (Golden Haven) entered into a.$1.8 million mortgage agreement for the construction of the above-mentioned nursing home. On or about September 8, 1975 Embassy Industries, Incorporated (Embassy) contracted with the JM Mechanical Corporation (JM Mechanical), a heating and air conditioning subcontractor, to supply to the latter certain equipment which was to be installed in the building.
At some point, apparently, the general contractor for the project walked off the job. On August 12, 1976 Golden Haven signed a "trade acceptance" pursuant to which Golden Haven directed Washington Federal to pay Embassy $12,070 on a date certain in October, 1976 for "the purchase of goods," i. e., the equipment to be supplied to JM Mechanical. In September, 1976 Embassy delivered materials worth $12,914.90.
In April, 1977 Embassy commenced an action against JM Mechanical and Golden Haven in the Supreme Court, Suffolk County, to recover the sum of $31,619.57, of which about $12,915 represented...
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