Pena v. City of New York

Full title: FLORENCE J. PENA, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK…

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

Date published: Dec 7, 1995

222 A.D.2d 233 (N.Y. App. Div. 1995)

635 N.Y.S.2d 10

Opinion

December 7, 1995

Appeal from the Supreme Court, New York County (Walter Tolub, J.).

Severance of the third-party action was a proper exercise of discretion under CPLR 1010 in view of the prejudice caused by the third-party plaintiff's disclosure delays ( see, Blechman v. Peiser's Sons, 186 A.D.2d 50, 51-52), notwithstanding the desirability of trying these cases together. Third-party plaintiff's noncompliance with the prior order denying a severance negated any law of the case effect that that order might have had ( see, Kaplan v Einy, 209 A.D.2d 248, 252).

Concur — Rosenberger, J.P., Ellerin, Rubin, Asch and Nardelli, JJ.