Opinion
October 3, 1991
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
In this personal injury action against joint tortfeasors, plaintiffs moved for severance of their action against G.M.L.B. Enterprises, Inc. on the ground that their action against the non-bankrupt co-defendants should not be indefinitely delayed merely because G.M.L.B's bankruptcy resulted in an automatic stay of proceedings against it (CenTrust Servs. v. Guterman, 160 A.D.2d 416). The IAS court did not abuse its discretion in denying plaintiffs' severance motion since G.M.L.B. is an integral party, plaintiffs' claims against the defendants are intertwined, and severance would substantially prejudice the rights of defendants to litigate their counterclaims against G.M.L.B. (see, County of Chenango Indus. Dev. Agency v. Lockwood Green Engrs., 111 A.D.2d 508).
Concur — Milonas, J.P., Ellerin, Asch and Rubin, JJ.