Domenech v. Drew

Full title: HOWARD DOMENECH et al., Respondents, v. DAVID DREW, Respondent, MAURICE…

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

Date published: Dec 16, 1998

256 A.D.2d 437 (N.Y. App. Div. 1998)

683 N.Y.S.2d 425

Opinion

December 16, 1998

Appeal from the from an order of the Supreme Court, Queens County (Berke, J.).

Ordered that the order is affirmed, with costs.

In light of our determination that the plaintiffs are not entitled to partial summary judgment on the issue of liability as against the defendant David Drew ( Domenech v. Drew, 256 A.D.2d 438 [decided herewith]), the order denying the appellant's motion for a severance is affirmed ( see, CPLR 603; Shanley v. Callahan Indus., 54 N.Y.2d 52, 57).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.