Opinion
2014-06-12
Andrew LOMBARDI, Plaintiff–Respondent, v. STRUCTURE TONE, INC., et al., Defendants–Appellants. [And a Third Party Action]. Structure Tone, Inc., et al., Second Third–Party Plaintiffs–Appellants, v. Robert B. Samuels, Inc., Second Third–Party Defendant–Respondent.
Barry, McTiernan & Moore, LLC, New York (Laurel A. Wedinger of counsel), for appellants. Alexander J. Wulwick, New York, for Andrew Lombardi, respondent.
Barry, McTiernan & Moore, LLC, New York (Laurel A. Wedinger of counsel), for appellants. Alexander J. Wulwick, New York, for Andrew Lombardi, respondent.
Safranek Cohen & Krolian, White Plains (Karen Maniscalco of counsel), for Robert B. Samuels, Inc., respondent.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered January 23, 2014, which granted plaintiff's motion to sever the second third-party action, unanimously affirmed, without costs.
In this action arising out of personal injuries allegedly sustained by plaintiff when he tripped over debris at a construction site, the main action is trial-ready, but there is outstanding discovery in the secondthird-party action, which includes the depositions of necessary witnesses. Plaintiff would be substantially prejudiced by a long delay if compelled to await completion of disclosure in the second third-party action. Accordingly, the motion court did not abuse its discretion in granting the motion ( see Blechman v. Peiser's & Sons, 186 A.D.2d 50, 51–52, 587 N.Y.S.2d 640 [1st Dept.1992]; see also Pena v. City of New York, 222 A.D.2d 233, 635 N.Y.S.2d 10 [1st Dept.1995] ). ACOSTA, J.P., DeGRASSE, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.