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Belkin v. New York City Transit Authority [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1999
265 A.D.2d 178 (N.Y. App. Div. 1999)

Opinion

October 7, 1999

Kimberly Johnson Glenn for Third-Party Defendant-Respondent/Fourth-Party Plaintiff-Respondent.

Charles N. Rock for Fourth-Party Defendant-Appellant.

SULLIVAN, J.P., NARDELLI, WALLACH, ANDRIAS, BUCKLEY, JJ.


Order, Supreme Court, New York County (Robert Lippmann, J.), entered April 27, 1999, which, in an action v. a property owner for personal injuries allegedly sustained in a slip and fall, denied fourth-party defendant-appellant subcontractor's motion to sever the fourth-party action brought v. it by third-party defendant-respondent general contractor, and directed completion of all disclosure within 20 days, unanimously affirmed, without costs.

Appellant claims that its joinder as a fourth-party defendant at or about the time plaintiff filed her note of issue, the award of a trial preference to plaintiff and motion practice concerning the scope of the fourth-party complaint deprived it of a fair opportunity to conduct disclosure, and that the 20 days it was given to complete disclosure is inadequate. However, we find that it was well within the discretion of the IAS court to deny appellant a severance of the fourth-party action absent a reasonable explanation why it did not seek to conduct disclosure during the five and a half months between service of its answer and the making of its motion for a severance (see, Schein v. Sea Shore Marina Props. Corp., 118 A.D.2d 767).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Belkin v. New York City Transit Authority [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1999
265 A.D.2d 178 (N.Y. App. Div. 1999)
Case details for

Belkin v. New York City Transit Authority [1st Dept 1999

Case Details

Full title:MIRIAM BELKIN, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 7, 1999

Citations

265 A.D.2d 178 (N.Y. App. Div. 1999)
696 N.Y.S.2d 140

Citing Cases

Verizon-New York v. Reckson Assoc. Rlty. Corp.

Accordingly, the motion for severance is denied. See, e.g., Belkin v. New York City Transit Auth., 265 A.D.2d…