REYES v. CSX TRANSPORTATION INC (2008)

Supreme Court, Appellate Division, First Department, New York.

Rebecca REYES, Plaintiff-Respondent, v. CSX TRANSPORTATION, INC., et al., Defendants.
[A Third Party Action] CSX Transportation, Inc., Second Third-Party Plaintiff-Appellant, v. New York City Economic Development Corporation, et al., Second Third-Party Defendants.

Decided: June 19, 2008

MAZZARELLI, J.P., ANDRIAS, WILLIAMS, RENWICK, JJ.

Hodgson Russ LLP, New York (Lawrence R. Bailey, Jr. of counsel), for appellant. Brand Brand Nomberg & Rosenbaum, LLP, New York (Thomas S. Pardo of counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about December 17, 2007, which granted plaintiff's motion to sever the second third-party action, unanimously reversed, on the facts, without costs, and the motion to sever denied.

Severance of the second third-party action, which plaintiff sought because of the delay likely to result from still-outstanding disclosure in the second third-party action, should have been denied in view of second third-party plaintiff's representation that it would not be seeking any further disclosure in the second third-party action. Plaintiff therefore “is no longer faced with any delays” in moving her case to trial (see Sichel v. Community Synagogue, 256 A.D.2d 276, 276-277, 682 N.Y.S.2d 382 [1998] [where issue in a third-party action is respective liability of defendant and third-party defendant for plaintiff's injury, a severance of third-party action should not be ordered unless necessary to prevent prejudice or substantial delay to one of the parties] ).

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