Majority
p. 468Joseph Dawson et al., Respondents, v Pavarini Construction Co., Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Metal Builder, Inc., et al., Third-Party Defendants-Respondents. [644 NYS2d 288]
p. 469
The motion of the defendants third-party plaintiffs, inter alia, to direct that the liability trial on the third-party action proceed prior to the damages trial on the plaintiffs’ action was properly denied as it was merely an attempt to relitigate the severance of the third-party action which had been granted by an order of the Supreme Court, Suffolk County, dated March 24,1995 (see, Martin v City of Cohoes, 37 NY2d 162 , 165; Padela v Rosen & Weidberg, 200 AD2d 722 , 723). In any event, the contention of the defendants third-party plaintiffs that severance will result in relitigation of the amount of the damages awarded to the plaintiffs is meritless (see, Oceanic Steam Nav. Co. v Compania Transatlantica Espanola, 134 NY 461 ; Baker v Northeastern Indus. Park, 73 AD2d 753 ).
The remaining contentions of the defendants third-party plaintiffs are without merit. Balletta, J. P., Rosenblatt, Thompson and Copertino, JJ., concur.
Cases cited
- Martin v. City of Cohoes 37 NY2d 162 at 165 p. 469
- Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola 134 NY 461 p. 469
- Baker v. Northeastern Industrial Park, Inc. 73 AD2d 753 p. 469