Amtorg Trading Corp. v. Broadway & 56th Street Assocs

In Amtorg Trading Corp. v. Broadway & 56th Street Assocs., 191 A.D.2d 212 [1st Dept 1993]) a subtenant brought an action against the landlord for conversion for improperly drawing on a letter of credit and for breach of contract against the tenant. The subtenant then moved for removal and consolidation of the related summary holdover proceeding pending in Civil Court. The Court held that denial by the lower court of the subtenant's motion for consolidation was inappropriate because the summary holdover proceeding and civil action by subtenant for conversion presented common questions of law and fact.