McLOUGHLIN v. ACHILLES (1997)

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

Deborah Raisley McLOUGHLIN, et al., Plaintiffs, v. Eileen ACHILLES, et al., Defendants (Action No. 1).
Herbert L. SMITH, Appellant, v. Joseph CAFIERO, Defendant, Eileen Achilles, Respondent (Action No. 2).

Decided: February 18, 1997

Before MILLER, J.P., and SULLIVAN, PIZZUTO and GOLDSTEIN, JJ.

Thomas M. Galligan, Staten Island, for appellant. Zachary & Tracy, P.C., Staten Island, (Deborah C. Zachary, of counsel), for respondent.

In two actions to recover damages for personal injuries, etc., which were tried jointly, the plaintiff in Action No. 2, Herbert Smith, appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated January 2, 1996, as denied his cross motion for a severance of his cause of action against the defendant Joseph Cafiero.

ORDERED that the order is reversed insofar as appealed from, the cross motion is granted, and the action against the defendant Joseph Cafiero is severed from that against the defendant Eileen Achilles.

Since the verdict in favor of the defendant Eileen Achilles has been reinstated (see, McLoughlin v. Achilles, 236 A.D.2d 525, 654 N.Y.S.2d 385 [decided herewith] ), a severance is warranted to permit a judgment to be entered in her favor without awaiting the results of a new inquest to be held on the default of the defendant Cafiero in answering the complaint.

MEMORANDUM BY THE COURT.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law