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Pena v. City of New York

222 A.D.2d 233 Court N.Y. App. Div. Decision date 1995-12-07 English

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p. 233
Florence J. Pena, Respondent, v City of New York, Defendant, and New York City Housing Authority, Defendant and Third-Party Plaintiff-Appellant. R.D. Mortman & Co., Inc., et al., Third-Party Defendants-Respondents.
[635 NYS2d 10]

—Order, Supreme Court, New York County (Walter Tolub, J.), entered March 10, 1995, which granted third-party defendants’ motion to sever the third-party action, unanimously affirmed, without costs.

Severance of the third-party action was a proper exercise of discretion under CPLR 1010 in view of the prejudice caused by the third-party plaintiffs disclosure delays (see, Blechman v Peiser’s & Sons, 186 AD2d 50 , 51-52), notwithstanding the desirability of trying these cases together. Third-party plaintiffs noncompliance with the prior order denying a severance negated any law of the case effect that that order might have had

p. 234
(see, Kaplan v Einy, 209 AD2d 248 , 252). Concur — Rosenberger, J. P., Ellerin, Rubin, Asch and Nardelli, JJ.

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