Graham v. City of New York

Full title: CLAUDINE GRAHAM, an Infant, by Her Mother and Natural Guardian, PERLINA…

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

Date published: Dec 21, 1992

188 A.D.2d 582 (N.Y. App. Div. 1992)

Opinion

December 21, 1992

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

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon the record before us, we cannot say that the Supreme Court improvidently exercised its discretion in granting the third-party defendant's cross-motion for a severance (see, CPLR 603; 2 Weinstein-Korn-Miller, N Y Civ Prac ¶ 603.01; see also, Shanley v Callahan Indus., 54 N.Y.2d 52, 57; Kelly v Yannotti, 4 N.Y.2d 603). Thompson, J.P., Bracken, Lawrence and Miller, JJ., concur.