Schreyer v. Village of Tuckahoe — 90 A.D.2d 828

Majority

p. 828

Steven Schreyer et al., Plaintiffs, v Village of Tuckahoe, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Pfaff & Kendall Co., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

In a negligence action to recover damages for personal injuries, in which the defendant Village of Tuckahoe, inter alia, served a third-party complaint upon Pfaff & Kendall Co., said defendant appeals from an order of the Supreme Court, Westchester County (Slifkin, J.), dated October 9,1981, which granted a motion by the third-party defendant Pfaff & Kendall Co., pursuant to CPLR 1010, to sever the third-party action from the main action. Order affirmed, with $50 costs and disbursements. Considering the record in its entirety, we are of the view that Special Term did not abuse its discretion in granting the severance (see Cipollina v Kent, 52 AD2d 632 ; Todd v Gull Contr. Co., 22 AD2d 904 ; see, also, Strange v Sampson, 73 AD2d 749 ; Vita Food Prods. v Epstein & Sons, 52 AD2d 522 ). Damiani, J. P., Gulotta, O’Connor and Brown, JJ., concur.