Charet v. Man-Dell Food Stores, Inc.

Full title: ELSIE CHARET et al., Appellants, v. MAN-DELL FOOD STORES, INC., et al.…

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

Date published: Oct 3, 1994

208 A.D.2d 489 (N.Y. App. Div. 1994)

616 N.Y.S.2d 1017

Opinion

October 3, 1994

Appeal from the Supreme Court, Queens County (Milano, J.).

Ordered that the order is affirmed, with costs.

Given the plaintiffs' own delay in prosecuting the main action, we find that the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion for a severance of the third party action on the grounds that delay in its prosecution would prejudice the plaintiffs (see, CPLR 1010). In addition, since the Supreme Court has indicated that it intends to insure that prosecution of the third party action proceeds expeditiously and that when discovery is complete the plaintiffs will be given a preference under CPLR 3403 (a) (4), we find no basis to grant the other relief requested by the plaintiffs. Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.