From Casetext: Smarter Legal Research

Seay v. Stateside Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 2000
273 A.D.2d 60 (N.Y. App. Div. 2000)

Opinion

June 8, 2000.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about June 17, 1999, which, inter alia, granted the motion of second third-party defendant Gateway Demolition Corporation to sever the second third-party action, and order, same court and Justice, entered on or about January 7, 2000, which, upon the grant of reargument and renewal, adhered to the prior order granting severance of the second third-party action, unanimously affirmed, without costs.

Jonathan Rubin, for plaintiffs-appellants.

Alan S. Adolph, for defendant-respondent.

Before: Tom, J.P., Wallach, Rubin, Saxe, Buckley, JJ.


The delay in commencing the second third-party action, substantially attributable to second third-party plaintiffs' inattention to their own records, having resulted in removal of the action from the trial calendar and undue limitation of second third-party defendant Gateway Demolition Corporation's conduct of discovery, was sufficiently prejudicial, both to plaintiff and Gateway, to support the motion court's exercise of discretion in granting the motion to sever the second third-party action (see,Cortez v. New York City Hous. Auth., 163 A.D.2d 13).

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


Summaries of

Seay v. Stateside Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 2000
273 A.D.2d 60 (N.Y. App. Div. 2000)
Case details for

Seay v. Stateside Construction Corp.

Case Details

Full title:JOHNNIE SEAY, PLAINTIFF, v. STATESIDE CONSTRUCTION CORP., ETC., DEFENDANT…

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

Date published: Jun 8, 2000

Citations

273 A.D.2d 60 (N.Y. App. Div. 2000)
708 N.Y.S.2d 873

Citing Cases

Seay v. Stateside Construction Corp.

Ellerin, J.P., Wallach, Lerner, Saxe, JJ. In an order dated June 8, 2000, this Court affirmed the severance…

Ramos v. City of New York

When the City filed this motion, the main action was within three months of its scheduled final trial date,…