Opinion
June 10, 1996
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with one bill of costs payable to the plaintiffs and the third-party defendant Berlin Steel Construction Co.
The motion of the defendants third-party plaintiffs, inter alia, to direct that the liability trial on the third-party action proceed prior to the damages trial on the plaintiffs' action was properly denied as it was merely an attempt to relitigate the severance of the third-party action which had been granted by an order of the Supreme Court, Suffolk County, dated March 24, 1995 (see, Martin v. City of Cohoes, 37 N.Y.2d 162, 165; Padela v. Rosen Weidberg, 200 A.D.2d 722, 723). In any event, the contention of the defendants third-party plaintiffs that severance will result in relitigation of the amount of the damages awarded to the plaintiffs is meritless (see, Oceanic Steam Nav. Co. v. Compania Transatlantica Espanola, 134 N.Y. 461; Baker v. Northeastern Indus. Park, 73 A.D.2d 753).
The remaining contentions of the defendants third-party plaintiffs are without merit. Balletta, J.P., Rosenblatt, Thompson and Copertino, JJ., concur.