HARCO NATIONAL INSURANCE COMPANY v. TRANSIT CONSTRUCTION CORP (2025)

The following papers numbered 1 to 2 were read on this motion:

Papers Numbered

Notice of Motion, Affirmation and Exhibits 1

Memorandum of Law 2

Plaintiff brings its motion seeking to sever the action as to defendant Normal Fell, and have it continue as to the remaining defendants. Although plaintiff failed to upload an affidavit of service, it does appear that defendants' counsel did receive the motion via NYSCEF. (In future, movants must upload an affidavit of service, or a motion may be denied for failing to do so; the Court should not have to try to figure out which defendants are represented by what counsel, and whether that counsel has registered with NYSCEF.)

The basis for the motion is that Fell has filed for bankruptcy, but the other defendants have not. Plaintiff asserts, without contradiction, that “severance will allow Harco to more efficiently prosecute this action as to the non-bankrupt Defendants,” and that “There is very little, if any, discovery left to complete in this straightforward breach of contract action. The parties have engaged in good faith settlement discussions, but those discussions have not meaningfully progressed since Fell filed for bankruptcy.” As there is no reason to deny the request, it is granted. Fell is severed from the action, and the action continues as to the remaining defendants.

The foregoing constitutes the decision and order of the Court.¹

FOOTNOTES

1.   All other arguments raised on this motion and all materials submitted by the parties in connection therewith have been considered by this Court, notwithstanding the specific absence of reference thereto.

Linda S. Jamieson, J.