is nonetheless of the opinion that third-party practice is appropriate due to the common questions
of fact that exists and the need to litigate all issues in a single forum to provide complete relief to
the parties. Permitting impleader herein will "expedite disposition of the entire controversy,
avoid multiplicity of other lawsuits between the parties to accomplish the same result and, at the
same time, do speedy justice for all" (Manhattan Plaza, Inc. v Snyder, supra at
477).
Contrary to Broadway LLC's counsel's contention, granting the relief herein is not
tantamount to rendering a declaratory judgment, would have "the effect of a final judgment as to
the rights and other legal relations of the parties to a justiciable controversy" (CPLR 3001).
Rather, the Court has jurisdiction in this proceeding "to render judgment for rent due without
regard to amount" (CCA 204) and to "direct that a final judgment be entered determining the
rights of the parties" (RPAPL 747[1]).
While the purpose of a summary proceeding is to provide for an expeditious determination,
any delay which may result by allowing third-party practice would not harm the parties herein
since justice would be best served by allowing the parties to simultaneously litigate all claims in
a single forum.
Accordingly, it is
ORDERED that respondent's motion for leave to commence a third party action against
Broadway LLC is granted.
This matter will appear on the Part 52 calendar for trial on August 25, 2009 at 9:30 a.m.
This constitutes the decision and order of the Court.
Dated: July 23, 2009
New York, New York
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Judge of the Civil Court