Opinion
10307N Index 18937/03
11-12-2019
Tarsheka LUCKEY, et al., Plaintiffs-Appellants, v. CITY OF NEW YORK, et al., Defendants–Respondents.
Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for appellants. Georgia M. Pestana, Acting Corporation Counsel, New York (Jonathan A. Popolow of counsel), for respondents.
Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for appellants.
Georgia M. Pestana, Acting Corporation Counsel, New York (Jonathan A. Popolow of counsel), for respondents.
Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about January 8, 2018, which, insofar as appealed from, denied plaintiffs' motion pursuant to CPLR 603 to sever the action against defaulting defendant Connie Rashid, and proceed with a damages inquest against her, unanimously affirmed, without costs.
"The determination of whether to grant or deny a request for a severance pursuant to CPLR 603 is a matter of judicial discretion, which should not be disturbed on appeal absent a showing of prejudice to a substantial right of the party seeking the severance" ( Zawadzki v. 903 E. 51st St., LLC, 80 A.D.3d 606, 608, 914 N.Y.S.2d 272 [2d Dept. 2011] ; see Vecciarelli v. King Pharms., Inc., 71 A.D.3d 595, 899 N.Y.S.2d 14 [1st Dept. 2010] ). Here, the court providently exercised its discretion in denying that branch of plaintiffs' motion to sever the inquest on damages against Rashid from the action against the nondefaulting defendants (see CPLR 603 ). There are common factual and legal issues involved and the interests of judicial economy and consistency will be served by having a single trial.