Screen Gems-Columbia Music, Inc. v. Hansen Publications, Inc.
| Decision Date | 25 September 1973 |
| Docket Number | GEMS-COLUMBIA |
| Citation | 42 A.D.2d 897,347 N.Y.S.2d 703 |
| Parties | SCREENMUSIC, INC., et al., Plaintiffs-Respondents, v. HANSEN PUBLICATIONS, INC., et al., Defendants-Appellants, and Columbia Pictures Industries, Inc., et al., Additional Defendants. |
| Court | New York Supreme Court — Appellate Division |
S. G. Schwartz, New York City, for plaintiffs-respondents.
E. M. Berman, New York City, for defendants-appellants.
Before STEVENS, P.J., and MARKEWICH, NUNEZ and MURPHY, JJ.
Order, Supreme Court, New York County, entered on January 31, 1973, unanimously affirmed, and that the respondents shall recover of the appellants $60 costs and disbursements of this appeal. There are not sufficient mutual issues of law and fact to warrant consolidation. Moreover, one action is in contract, while the other sounds chiefly in tort, and the single fact that they arise out of the same relationship does not warrant consolidation.
Order, Supreme Court, New York County, entered on June 28, 1973, unanimously reversed, on the law, the motion of plaintiffs for partial summary judgment on the third cause of action granted, and the further portion of plaintiff's motion, not passed upon by the court, granted to the extent of severing the cross-claims, counterclaims, set-offs and affirmative defenses and dismissing them in this action. Appellants shall recover of respondents $60 costs and disbursements of this appeal. The papers or statements submitted by defendants indicate clearly that monies are due plaintiff. The reservation of the right to make adjustments is stated but defendants do not assert error in the documents or the need for adjustments.
The further portion of plaintiffs-appellants' motion, not passed upon by the court, pursuant to CPLR §§ 3211(a)(4) and (6) and 3211(b) dismissing each and every claim asserted in the answer whether labelled 'cross-claim', 'counterclaim', 'set-off', or 'affirmative defense' on stated grounds is granted to the extent of severing the cross-claims, counterclaims, set-offs and affirmative defenses and dismissing them in this action. There is another action pending by defendants for the same relief and the issues raised may properly be considered in such action.
The separate action by these defendants against these plaintiffs or some of them, sounds almost entirely in tort, while the instant action is in contract. Mr. Justice Dickens properly denied a motion to consolidate. For these defendants to now assert,...
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Stuckhardt v. N.Y.C. Bd. of Educ.
...17 AD3d 302;Heydt Contr. Corp. v. Tishman Constr. Corp. of NY, 163 A.D.2d 196 [1990];see also Screen Gems–Columbia Music v. Hansen Publ., 42 A.D.2d 897 [1973],affd35 N.Y.2d 885 [1974] ). Plaintiff also made no showing that the proof with respect to each action overlapped, and that there was......
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...Corp. v. Town of Oyster Bay, 138 A.D.2d 578, 579, 526 N.Y.S.2d 159 [2d Dept. 1988] ; Screen Gems–Columbia Music, Inc. v. Hansen Publ., 42 A.D.2d 897, 898, 347 N.Y.S.2d 703 [1st Dept. 1973], affd 35 N.Y.2d 885, 364 N.Y.S.2d 889, 324 N.E.2d 359 [1974] ). In light of the federal action, there ......
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Heydt Contracting Corp. v. Tishman Const. Corp. of New York
...in negligence and the other in contract, it is inappropriate to grant consolidation. cf. Screen Gems--Columbia Music, Inc. v. Hansen Publications, Inc., 42 A.D.2d 897, 347 N.Y.S.2d 703, (1st Dept.1973), aff'd. 35 N.Y.2d 885, 364 N.Y.S.2d 889, 324 N.E.2d 359 (1974). Moreover, the issues in t......
- Screen Gems-Columbia Music, Inc. v. Hansen Publications Inc.